NRLF 


TN 


B    M    2b7    DtM 


1900 


OF  THE 


MINING  LAW  AND  REGULATIONS 


IN  FORCE  IN 


THE    PHILIPPINES. 


WAR  DEPARTMENT, 

DIVISION  OF  CUSTOMS  AND  INSULAR  AFFAIRS, 
JULY,  1900. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1900. 


GIFT   OF 


Main  Lib. 


TRANSLATION 


OF  THE 


MINING  LAW  AND  REGULATIONS 


IN   FORCE  IN 


THE   PHILIPPINES. 


WAK  DEPARTMENT, 

DIVISION  OF  CUSTOMS  AND  INSULAR  AFFAIRS, 

JULY,  1900. 


WASHINGTON: 

GOVEKNMENT   PRINTING    OFFICE. 
1900. 


II  rt 


.:.' 


COlSTTEIsTTS. 


Page. 

Koyal  decree  of  May  14,  1867,  relating  to  mining 5 

Chapter  I. —The  objects  of  mining 5 

Chapter  II.— Trial  pits 6 

Chapter  III. — Mining  claims 7 

Chapter  IV. — A  pplication  for  mining  claims. . .  - 8 

Chapter  V. — Surveys  and  concessions  of  property 10 

Chapter  VI. — General  galleries  for  explorations,  drainage,  and  transpor- 
tation  12 

Chapter  VII.  — Concessions  of  dumps  and  scoriae 13 

Chapter  VIII. — General  mining  conditions _ -.  13 

Chapter  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and 

procedure  in  new  awards 18 

Chapter  X. — Reduction  works 20 

Chapter  XI. — Taxes  with  regard  to  mining 21 

Chapter  XII. — Authority  and  jurisdiction  in  mining 22 

Chapter  XIII. — The  corps  of  mining  engineers 23 

General  provisions _ . 24 

Temporary  provisions 24 

Final  provision  _.. 24 

Regulations  for  the  execution  of  the  royal  decree  on  mining  in  the  Philip- 
pine Islands 27 

Chapter  L— Objects  of  mining .--  27 

Chapter  II.— Trial  pits 31 

Chapter  III.— Mining  claims 33 

Chapter  IV. — Application  for  mining  claims 37 

Chapter  V. — Surveys  and  concessions  of  property. 44 

Chapter  VI. — General  galleries  for  explorations,  drainage,  and  transpor- 
tation   48 

Chapter  VII. — Concessions  of  dumps  and  scoriae 50 

Chapter  VIII. — General  mining  conditions 50 

Chapter  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and 

procedure  in  new  awards 54 

Chapter  X. — Reduction  works 56 

Chapter  XI. — Taxes  with  regard  to  mining 56 

Chapter  XII. — Authority  and  jurisdiction  in  mining 57 

Chapter  XIII. — The  corps  of  mining  engineers 9 

General  provisions... 61 

Form  No.  I... 64 

Form  No.  2... _ ' 65 

Form  No.  3.  65 

Form  No.  4 _. 66 

Form  No.  5 _ v 66 

Form  No.  6 68 

Form  No.  7.. 69 

Form  No.  8 .. 70 

Form  No.  9 71 

Appendix --  75 

3 


381776 


MINING  LAW  AND  REGULATIONS  IN  FORCE  IN  THE 

PHILIPPINES. 


EOYAL  DECREE  OF  MAY  14,  1867,  RELATING  TO  MINING  IN  THE 

PHILIPPINES. 

CHAPTER  I. — The  objects  of  mining. 

ART.  1.  Precious  stones,  and  all  substances  properly  metalliferous, 
combustible,  and  saline,  calcareous  phosphates,  whether  found  on  or 
below  the  surface  of  the  ground,  in  whatever  state,  whether  solid, 
liquid,  or  gaseous,  are  the  objects  of  mining. 

ART.  2.  The  ownership  of  the  substances  mentioned  in  the  fore- 
going article  is  vested  in  the  State3  and  no  one  may  dispose  thereof 
without  a  concession  issued  by  the  governor-general. 

ART.  3.  Siliceous  and  calcareous  mineral  products,  sands,  clayey, 
magnesian,  and  ferruginous  ground,  chalk,  and  other  substances  of 
this  character  which  can  be  used  in  building,  agriculture,  or  the  arts, 
shall  continue,  as  they  have  up  to  the  present  time,  for  general  use 
when  situated  in  lands  of  the  State  or  of  the  towns,  and  for  private 
use  when  the  land  is  private  property.  The  substances  included  in 
this  article  are  not  subject  to  the  formalities  nor  to  the  charges  of 
this  decree,  but  they  shall  be  under  the  surveillance  of  the  adminis- 
tration in  all  that  relates  to  the  police  and  security  of  the  works. 

ART.  4.  The  working  of  the  substances  mentioned  in  the  foregoing 
article  shall  not  be  consented  to  without  the  special  permission  of  the 
owner  when  the  land  is  private  property.  But  if  it  is  to  be  used  for 
pottery  works,  in  the  manufacture  of  crockery  or  porcelain,  of  fire 
brick,  crystal  or  glass,  or  any  other  branch  of  the  fabrile  industry, 
the  governor-general  may  grant  authorization  to  work  the  same  to 
any  person  requesting  it,  after  the  institution  of  proceedings  by  the 
civil  governor  or  chief  of  the  district,  with  a  hearing  of  the  owner  of 
the  land,  and  receiving  the  report  of  a  mining  engineer  and  of  the 
council  of  administration. 

If  the  owner  of  the  land  binds  himself  to  work  the  land,  beginning 
to  do  so  within  the  period  fixed  by  the  governor-general,  which  shall 
not  be  less  than  three  months,  he  shall  be  preferred  to  strangers. 

ART.  5.  When  a  stranger  has  obtained  the  authority  of  the  governor- 
general  to  work  any  of  the  substances  referred  to  in  the  two  foregoing 

5 


b          MINING    I' AW    4N-r   liEGULATIONS    IN    THE    PHILIPPINES. 

article-,  &i  >li,-iU  :i:<l<»nnify  the  owner  of  the  estate  for  the  value  of 
the  ground  which  he  may  have  to  occupy,  and  one-fifth  thereof  in 
addition;  and  he  shall  also  pay,  in  a  proper  case,  the  damage  to  or 
deterioration  in  value  of  the  estate,  and  shall  give  bond  to  answer 
for  subsequent  losses  and  damages  which  might  be  caused  in  the 
future.  He  can  not  begin  the  works  until  after  complying  with  these 
requisites.  The  authorization  shall  be  forfeited  if  the  concessioner 
should  allow  one  year  to  elapse  without  working  said  substances. 

ART.  6.  The  auriferous  and  stanniferous  sands  or  other  mineral 
products  of  rivers  and  placers  may  be  freely  utilized  without  the 
necessity  of  authorization  or  permission.  Only  when  the  workings 
are  made  in  fixed  establishments  shall  mining  claims  be  formed, 
according  to  the  third  paragraph  of  article  13. 

ART.  7.  Ferruginous  ground,  such  as  ocher  and  red  ocher,  shall  also 
be  for  general  use.  If  the  metallurgy  of  the  iron  requires  them  as 
prime  materials,  mining  claims  may  be  marked  off  according  to  the 
second  paragraph  of  article  13. 

CHAPTER  II.— Trial  pits. 

ART.  8.  Every  Spaniard  or  naturalized  foreigner  established  in 
the  Island,  with  the  proper  permission,  as  well  as  Indians,  mestizos  or 
Chinese,  may  without  restriction  make  diggings  for  the  discovery  of 
the  minerals  referred  to  in  article  1  in  any  land  which  is  not  under 
cultivation,  whether  belonging  to  the  State  or  to  the  towns,  or  whether 
of  private  ownership  after  receiving  the  permission  of  the  owner  in 
the  last  case,  or  by  indemnifying  and  making  good  any  losses  and 
damages.  These  diggings,  called  trial  pits,  can  not  exceed  an  excava- 
tion of  2  linear  meters  square  and  1  meter  in  depth. 

The  authorities  and  employees  of  the  administrative  and  judicial 
services  are  forbidden  to  perform  these  works,  or  to  become  the 
owners  of  mines,  in  their  respective  districts,  or  in  those  in  which 
the  proceedings  for  the  concessions  are  being  prosecuted. 

ART.  9.  In  unirrigated  lands  which  contain  trees  or  vines  or  are 
used  for  pastures  or  tillage  the  permission  of  the  owner  or  of  his  rep- 
resentative shall  be  necessary  before  trial  pits  can  be  dug.  If  per- 
mission should  be  refused,  or  if  two  months  should  elapse  without  its 
being  granted,  the  person  requesting  it  may  apply  to  the  civil  gov- 
ernor or  chief  of  the  district,  who  shall  grant  or  refuse  it  after  hear- 
ing the  persons  interested  and  if  he  should  consider  it  proper,  or  if  it 
were  requested  by  any  of  the  parties,  he  shall  hear  a  mining  engineer. 

ART.  10.  In  gardens,  orchards,  fields  and  cane  fields,  and  any  other 
irrigated  lands  the  owner  only  can  grant  permission  for  the  digging 
of  trial  pits,  without  further  remedy  or  appeal.  A  person  who  should 
request  permission  to  dig  trial  pits,  in  accordance  with  this  article  or 
the  foregoing,  shall  inform  the  civil  governor  or  chief  of  the  district 
within  whose  jurisdiction  it  is  intended  to  dig,  for  the  proper  purposes 
in  due  time. 


MINING   LAW   AND   REGULATIONS   IN   THE   PHILIPPINES.          7 

ART.  11.  Whenever  the  owner  of  the  land  should  require  it,  the 
explorer  shall  be  obliged  to  first  give  security  for  the  indemnification 
of  the  damage  which  might  be  caused  by  the  trial  pit,  according  to 
agreement  or  appraisal,  and  he  shall  furthermore  be  liable  for  the 
payment  of  the  losses  and  damages  which  he  may  subsequently  cause 
to  the  estate. 

When  the  permission  to  dig  trial  pits  should  have  been  granted  by 
the  civil  governor  or  chief  of  the  district,  the  security  or  deposit  for 
indemnities  shall  be  given  to  his  satisfaction. 

ART.  12.  No  trial  pits  shall  be  dug  or  other  mining  workings  made 
at  a  distance  of  less  than  40  meters  from  a  building,  railroad,  road, 
canal,  well,  water  trough,  or  other  public  easement,  and  of  1,400  from 
fortifications,  unless  in  the  latter  case  permission  is  obtained  from  the 
military  authority,  and  in  other  cases  from  the  governor-general  if 
public  services  or  easements  are  affected,  or  of  the  owner  when  private 
buildings  are  in  question. 

CHAPTER  III. — Mining  claims. 

ART.  13.  The  ordinary  mining  claim  is  a  solid  of  rectangular  base, 
300  meters  long  by  200  meters  wide,  measured  horizontally  in  the 
direction  indicated  by  the  interested  person,  and  of  an  indefinite 
vertical  depth.  The  surface  remains  the  property  of  the  owner  of 
the  land. 

In  mines  of  iron,  bituminous  or  anthracite  coal,  lignite,  peat, 
asphalt,  bituminous  or  carbonaceous  clay,  sulphate  of  soda,  and  rock 
salt,  each  claim  shall  be  500  meters  long  by  300  meters  wide. 

In  auriferous  or  stanniferous  sands  and  others  referred  to  in 
article  6,  a  claim  shall  include  60,000  square  or  superficial  meters, 
as  those  of  the  first  paragraph  of  this  article,  and  may  be  measured 
either  as  a  rectangle,  a  square,  or  a  series  or  group  of  squares  not 
less  than  20  meters  square,  arranged  with  reference  to  each  other  as 
the  claimant  may  determine,  but  without  leaving  intermediate  spaces 
between  the  squares. 

ART.  14.  If  there  should  be  a  belt  between  the  two  claims  and  an 
unappropriated  space  between  three  or  more  claims  in  which  a  rec- 
tangle may  be  measured,  the  horizontal  surface  of  which  is  not  less 
than  two-thirds  of  a  claim  of  the  same  character,  and  whose  longer 
side  does  not  exceed  300  meters  in  length  in  claims  arranged  accord- 
ing to  paragraph  1  of  the  preceding  article,  and  which  does  not  exceed 
500  meters  in  those  mentioned  in  the  second  paragraph  thereof,  there 
shall  be  formed  an  incomplete  claim,  and  it  shall  be  granted  to  whom- 
soever may  solicit  the  same. 

ART.  15.  When  the  space  which  lies  between  two  or  more  claims 
should  not  permit  the  location  of  an  incomplete  claim  according  to 
the  foregoing  article,  it  shall  be  considered  as  a  surplus  and  shall  be 
awarded  to  the  owner  of  the  oldest  of  the  adjacent  mines,  or  should 
he  expressly  renounce  said  surplus,  it  shall  then  be  awarded  to  the 
owners  of  other  adjacent  mines  in  the  order  of  their  priority. 


MINING    LAW    AND   REGULATIONS    IN   THE    PHILIPPINES. 

The  surplus  can  not  be  extended,  whatever  its  shape  or  form  may 
be,  to  a  larger  area  than  two- thirds  of  a  complete  claim  of  its  class; 
should  there  be  an  excess  it  shall  constitute  two  or  more  surplus  por- 
tions. More  than  one  surplus  can  not  be  awarded  to  a  mine.  Should 
there  be  a  greater  number  they  shall  be  granted  successively  by  order 
of  their  priority  to  the  adjacent  mines. 

ART.  16.  Private  persons  and  companies  may  obtain  the  number  of 
claims  which  they  may  consider  necessary,  provided  more  than  two 
are  not  demanded  in  one  request  by  an  individual,  four  by  a  company, 
and  twice  this  number,  respectively,  for  the  mines  mentioned  in  the 
second  paragraph  of  article  13. 

They  may  also  form  at  will  large  groups  or  associations  of  mines 
without  prejudice  to  the  division  of  their  respective  claims. 

ART.  17.  The  permission  to  explore,  according  to  article  25,  may 
include  the  area  of  two  complete  claims,  according  to  their  class, 
provided  that  there  is  free  land  when  the  petition  is  made. 

Two  or  more  adjacent  explorations  may  be  requested  if  there  is 
free  land. 

ART.  18.  The  area  included  in  a  single  claim  can  not  be  divided; 
but  if  the  concession  should  be  for  two  or  more  claims  the  latter  may 
be  separated  with  the  approval  of  the  governor-general. 

ART.  19.  Every  individual  or  company  may  freely  secure  by  pur- 
chase, or  by  other  legal  means,  any  number  of  mining  claims  before 
or  after  title  to  the  property  has  been  issued.  But  the  companies 
acquiring  the  same  shall  in  no  case  have  more  rights  than  their  original 
owners,  nor  can  they  as  companies  demand  a  larger  number  of  claims 
unless  there  should  be  some  unappropriated  laud. 

CHAPTER  IV.  — Application  for  mining  claims. 

ART.  20.  In  order  to  acquire  the  ownership  of  one  or  more  mining 
claims,  one  of  two  methods  may  be  employed,  namely,  exploration  or 
registration.  Both  in  explorations  and  registrations  the  priority  of 
the  application  confers  the  preferred  right  to  the  concession  and 
ownership.  The  application  for  exploration  or  registration  may  be 
filed  without  the  consent  or  knowledge  of  the  owner  of  the  land ;  but 
work  shall  not  be  commenced  without  the  requisites  and  conditions 
established  in  articles  9,  10,  11,  and  12  for  trial  pits. 

If  the  owners  of  gardens,  orchards,  cane  fields,  and  other  irrigated 
farms  through  which  it  may  be  necessary  to  continue  the  works  started 
should  refuse  permission  for  their  extension,  the  civil  governor  or 
chief  of  the  district  may  grant  it,  with  the  formalities  prescribed  in 
articles  25  and  20,  as  soon  as  any  mineral  has  been  discovered. 

ART  21.  Whosoever,  with  or  without  a  trial  pit,  proposes  to  explore 
and  examine  the  land,  undertaking  works  more  extensive  and  impor- 
tant than  trial  pits,  such  as  shafts,  tunnels,  ditches,  or  excavations, 
shall  file  his  application,  in  \vri1  ing,  with  the  civil  governor  or  chief  of 
the  district,  requesting  permission  to  make  explorations  on  free  lands. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.  9 

Whosoever,  with  or  without  a  trial  pit,  prefers  to  register  one  or 
more  claims  on  free  lands,  shall  file  with  the  said  authority,  in  writing, 
his  application  for  registration,  stating  whether  or  not  he  has  discovered 
the  mineral  the  working  of  which  he  proposes  to  carry  on. 

The  explorer,  as  well  as  the  register,  shall  forward  at  the  same  time 
a  surface  plan  of  the  claim  or  claims,  and  shall  be  obliged  to  present 
to  the  civil  governor  or  chief  of  the  district,  within  twenty  days,  a 
certificate  issued  by  the  petty  governor  (gobernadorcillo)  or  investi- 
gating authority,  stating  that  he  has  marked  off  in  a  visible  manner 
the  entire  space  included  in  his  exploration  or  registry. 

The  explorer,  whether  an  individual  or  a  company,  may  include  two 
claims  in  each  exploration,  provided  there  is  free  land. 

ART.  22.  The  civil  governor  or  head  of  the  district  shall  immedi- 
ately decree  the  approval  of  either  petition,  unless  there  should  be  a 
better  claim. 

The  petitions  shall  be  numbered,  and  the  day  and  hour  of  their  filing 
shall  be  recorded  in  stub  books,  one  for  explorations  and  another  for 
registries,  which  each  interested  person  shall  sign,  to  whom  there 
shall  then  be  delivered  the  proper  receipt,  authenticated  by  the  secre- 
tary of  the  office,  stating  the  ordinal  number  pertaining  to  the  appli- 
cation. 

ART.  23.  The  authority  mentioned  in  the  foregoing  article  shall 
order  that  the  application  for  exploration  or  the  registry  be  published 
within  three  days,  with  the  surface  plans  of  the  same,  in  the  list  of 
announcements  in  the  official  paper,  and  that  they  be  forwarded  to 
the  mayor  or  investigating  authority  for  the  posting  of  edicts. 

ART.  24.  Within  sixty  days  after  the  publication  of  the  application 
for  exploration,  or  the  registry,  those  who  consider  themselves  as  hav- 
ing a  right  to  all  or  a  part  of  the  land  requested,  or  the  owners  of  the 
estate  claimed,  shall  present  to  the  civil  governor  or  head  of  the  dis- 
trict their  objections;  after  this  period  they  shall  not  be  considered. 

The  said  authority  shall  immediately  inform  the  explorer  or  register 
of  the  objections,  who  shall  reply  to  the  same  within  twenty  days; 
then,  within  another  twenty  days,  he  shall  hear  the  objections  and 
decide  after  reciving  a  report  from  a  mining  engineer. 

ART.  25.  The  civil  governor  or  chief  of  the  district  shall  grant  per- 
mission to  make  explorations. 

For  this  purpose  he  shall  order  that  a  mining  engineer  shall  examine, 
verify,  and,  in  a  proper  case,  correct  the  surface  plan,  and  in  view  of 
his  report,  and  taking  the  objections,  if  there  be  any,  into  considera- 
tion, he  shall  render  a  decision  within  five  months  after  the  presenta- 
tion of  the  petition  of  the  explorer. 

ART.  26.  From  the  decision  of  the  civil  governor  or  chief  of  the 
district  granting  or  denying  the  permission  for  the  exploration,  an 
appeal  lies  to  the  governor-general,  which  appeal  must  be  filed 
within  thirty  days  after  being  notified  of  the  decision,  by  the  person 
who  may  consider  himself  prejudiced,  be  he  the  petitioner  or  one  of 
the  objectors. 


10        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

If  no  appeal  is  filed,  the  permission  of  the  civil  governor  or  chief 
of  the  district  shall  be  final. 

ART.  27.  Permission  to  make  explorations  shall  "be  for  two  years. 

Before  obtaining  permission  the  explorer  may  make  the  same  legal 
works  which  in  the  following  article  are  fixed  for  a  register.  After 
obtaining  permission  he  shall  continue  his  explorations  according  to 
the  conditions  prescribed  in  article  50. 

ART.  28.  The  register  shall  perform,  within  a  period  of  four  months 
from  the  date  of  the  presentation  of  his  registry,  the  legal  labor  of 
10  meters,  either  in  depth  by  means  of  a  shaft  or  horizontally  by 
means  of  a  tunnel,  ditch,  or  excavation. 

Every  register  may  aspire  to  convert  his  registry  into  an  exploration 
before  or  after  concluding  the  legal  labor.  The  civil  governor  or 
chief  of  the  province  shall  grant  said  permission  according  to  article  25. 

CHAPTER  V. — Surveys  and  concessions  of  property. 

ART.  29.  No  survey  shall  be  made  unless  it  appear  that  some  min- 
eral included  in  those  mentioned  in  articles  1,  6,  and  7  has  been  dis- 
covered, according  to  the  opinion  of  the  engineer,  and  if  in  order  to 
make  said  survey  it  is  necessary  for  those  interested  to  include  proper- 
ties of  those  mentioned  in  article  10,  the  consent  of  the  civil  governor 
or  chief  of  the  province  must  previously  be  obtained  if  the  owner 
thereof  should  not  give  his  consent. 

ART.  30.  Within  four  months  after  the  filing  and  admission  of  a 
registry,  the  applicant  shall  ask  for  the  survey  of  his  claim  or  claims, 
furnishing  samples  of  the  mineral  he  may  have  found,  except  in  case 
of  registry  by  forfeiture. 

The  explorer  who  at  any  time  may  find  sufficient  mineral,  accord- 
ing to  the  previous  article,  shall  also  furnish  samples  and  shall 
request  a  survey. 

ART.  31.  The  civil  governor  or  chief  of  the  province  shall  then 
order  that  an  engineer  make  an  investigation,  and,  if  proper,  the 
survey  in  the  order  prescribed  bjr  the  regulations. 

The  engineer  shall  perform  these  duties  within  a  period  of  six 
months,  which  the  civil  governor  or  chief  of  the  province  may  extend 
to  eight  months  if  serious  obstacles  should  occur,  which  shall  be 
reported  in  the  proceedings. 

Previous  notice  shall  be  given  to  the  register  or  explorer  of  the  time 
of  the  examination  and  survey  of  his  claims,  which  period  shall  be 
fixed  and  peremptory  within  limits  which  can  not  exceed  twenty  days, 
under  the  responsibility  of  the  commissioned  engineer.  The  owners 
of  the  adjacent  mines  shall  also  be  notified;  and,  furthermore,  the 
survey  shall  be  previously  announced  in  the  official  organ  of  the  seat 
of  the  district. 

ART.  32.  If  the  examination  should  reveal  the  fact  that  the  legal 
labor  has  been  performed  or  that  there  is  free  land,  and  that  ore 


MINING   LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        11 

has  been  discovered  according  to  article  29,  the  engineer  shall  imme- 
diately survey  the  claim  or  claims  according  to  the  surface  plan, 
securing  samples  of  the  mineral  and  designating  the  points  where  the 
bounds  or  landmarks  are  to  be  fixed,  which  shall  be  firm,  durable, 
and  easily  seen. 

If  the  engineer  should  find  the  surface  plan  defective  or  poorly 
made,  either  on  account  of  inaccuracy  of  the  measurements  or  by  the 
superimposition  of  some  part  of  another  claim  that  has  a  better  right, 
he  shall  correct  it  in  the  survey,  in  concurrence  with  the  interested 
person,  providing  there  can  be  found  free  land. 

ART.  33.  The  engineers  shall  avail  themselves  of  the  north  mag- 
netic pole  in  determining  directions,  but  shall  always,  when  possible, 
determine  the  position  of  the  mouth  of  the  mine  of  the  legal  work 
with  regard  to  stationary  and  visible  objects  on  the  land,  noting  their 
distances,  and  obliging  the  miners  to  constantly  preserve  their  land- 
marks subsequently  in  the  best  possible  condition. 

ART.  34.  When  the  examination  of  a  registry  for  the  purpose  of 
survey  reveals  the  fact  that  ore  has  not  been  discovered  according  to 
article  29,  the  civil  governor  or  chief  of  the  district  shall  declare  the 
registry  void  and  the  land  free,  unless  the  register  should  have  pre- 
viously applied  or  should  apply  within  the  eight  days  following  the 
examination  requesting  permission  to  make  explorations  on  the  same 
site.  In  such  case  the  provisions  of  articles  25  and  28  shall  be  observed. 

ART.  35.  Complete  and  incomplete  claims,  surplus  lands,  groups  of 
mines,  general  galleries,  dumps,  and  scoriae  shall  be  surveyed  in 
accordance  with  their  respective  conditions  according  to  articles  13, 
14,  15,  16,  17,  42,  and  47. 

An  explorer  who  should  have  marked  off  two  claims,  according  to 
article  17  and  the  fourth  paragraph  of  article  21,  may  demand  the 
survey  of  both  or  of  one  only  in  the  manner  which  may  best  suit  him 
within  the  designation.  The  remaining  land  shall  remain  free. 

ART.  36.  Within  forty  days  after  the  survey  the  civil  governor  or 
head  of  the  province  shall  forward  the  proceedings,  together  with  the 
objections,  should  there  be  any,  and  with  his  report  and  reasons 
therefor,  to  the  governor-general  for  his  decision.  Should  there  have 
been  any  objections,  the  governor-general  shall  hear  the  proper  sec- 
tion of  the  council  of  administration,  and  before  that,  the  engineer, 
should  there  be  any  doubt  with  regard  to  technical  points. 

ART.  37.  The  title  of  ownership  shall  be  issued  to  the  concessioner 
in  my  name  by  the  governor-general.  There  shall  be  stated  therein 
the  general  conditions  of  this  decree  and  of  the  regulations  which 
may  be  prescribed  for  its  execution/  and,  in  a  proper  case,  the 
special  conditions  required  for  the  convenience  of  the  public,  in  view 
of  the  nature  of  the  mineral  or  the  conditions  of  the  land  and  of  the 
company. 

If  any  of  the  conditions  imposed  should  be  objected  to,  the  same 


12       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

i 

claim  or  claims  can  not  be  granted  to  another  company  or  individual 
except  under  the  same  conditions,  unless  the  original  claimant  shall 
voluntarily  renounce  his  preferred  right  to  the  same  in  writing. 

ART.  38.  As  soon  as  the  governor  or  chief  of  the  district  shall  have 
received  of  the  governor-general  the  title  of  ownership  he  shall  order 
its  immediate  delivery  to  the  interested  person,  and  shall  commission 
the  local  authority  that  within  the  precise  term  of  two  months  he 
shall  give  possession  of  the  claim  or  claims  to  the  owner  thereof  in 
the  presence  of  the  court  clerk. 

ART.  39.  The  concessions  of  mining  claims  are  for  an  unlimited 
time,  while  the  owners  comply  with  the  conditions  of  this  decree  and 
the  special  conditions  contained  in  the  title  of  ownership. 

CHAPTER  VI. — General  galleries  for  explorations,  drainage,  and  transportation. 

ART.  40.  Whosoever  proposes  to  drive  a  tunnel  or  gallery  in  free 
lands  may,  should  he  consider  it  advisable,  request  the  concession  of 
a  group  of  mining  claims  under  the  conditions  of  article  16.  Should 
this  not  be  possible,  owing  to  said  tunnel  having  to  cross  lands  occu- 
pied in  whole  or  in  part  by  mines  already  granted  or  registered  or 
being  explored,  the  constructor  shall  be  obliged  to  previously  come 
to  an  agreement  with  the  persons  interested. 

ART.  41.  The  constructor  shall  present  his  petition  to  the  civil  gov- 
ernor or  to  the  chief  of  the  district,  with  the  plans  of  the  proposed 
works  signed  by  a  mining  engineer,  and  an  authenticated  copy  of  the 
agreements  made  with  the  miners  then  having  an  interest  in  the  land, 
in  order  to  obviate  subsequent  questions  and  for  the  arrangement  of 
reciprocal  advantages. 

The  proper  publications  having  been  made,  the  said  authority  shall 
forward  the  proceedings  to  the  governor-general  for  his  decision. 

ART.  42.  The  constructor  of  a  general  galley  may  be  granted,  for 
drainage  purposes,  the  option  of  a  determined  number  of  claims 
selected  by  himself  from  among  the  free  or  undenounced  ones  on  the 
land  where  his  work  is  situated,  or  within  a  reasonable  distance  there- 
from. These  claims  shall  be  the  object  of  an  exploration  or  registry 
according  to  the  provisions  of  this  decree  as  his  subterranean  works 
advance  until  they  are  passed,  with  the  privilege  of  refusing  those 
which  may  be  of  no  service  to  him. 

ART.  43.  The  works  of  a  general  gallery  shall  follow  the  line  or  lines 
indicated  in  the  concession,  and  if  in  any  case  the  constructor  should 
desire  to  change  the  direction  thereof  he  shall  request  permission, 
which  may  be  granted  after  proper  proceedings. 

ART.  44.  Every  owner  of  a  mining  claim  is  obliged  to  permit  the 
passage  of  a  general  gallery.  He  is  also  obliged  to  respect  the  sup- 
ports of  the  gallery,  abstaining  from  extracting  mineral  in  such 
manner  as  to  leave  the  walls  of  said  tunnel  less  than  2  meters  thick 
unless  he  shculd  properly  strengthen  said  walls  at  his  own  expense. 


MINING    LAW    AND   REGULATIONS    IN   THE    PHILIPPINES.        13 

The  price  for  the  services  of  drainage,  ventilation,  and  extraction 
furnished  by  the  constructor  of  a  tunnel  or  gallery  to  any  miner,  what- 
ever may  be  the  means  employed  for  the  purpose,  shall  be  agreed 
upon  b}T  mutual  consent,  and  if  an  agreement  can  not  be  reached,  by 
a  valuation  made  by  experts  named  by  both  parties  and  another 
appointed  by  the  civil  governor  or  chief  of  the  district,  who  shall 
decide  the  question,  in  view  of  the  expert  report  thereon,  taking  into 
account  the  circumstances  of  each  case. 

On  his  part  the  constructor  of  a  general  gallery  can  not  extract 
more  mineral  than  is  found  strictly  within  the  line  of  his  tunneling 
works,  the  extraction  thereof  being  at  his  own  expense,  and  if  he 
should  have  found  it  below  a  surveyed  claim  the  product  shall  be 
divided  equally  between  the  constructor  of  the  gallery  and  the  owner 
or  claimant  of  the  mine.  This  rule  shall  obtain  when  the  private 
agreements  shall  not  have  included  and  determined  all  questionable 
points  between  the  interested  persons. 

CHAPTER  VII. — Concession  of  dumps  and  scoriae,. 

ART.  45.  The  dumps  of  mines  and  the  scoriae  from  reduction  works 
shall  be  objects  of  concessions,  provided  that  they  are  abandoned. 

ART.  46.  The  petition  shall  be  addressed  to  the  civil  governor  or 
chief  of  the  district  accompanied  with  the  surface  plan. 

The  legal  labor  shall  consist  in  digging  three  pits  or  shafts  in  differ- 
ent parts  of  the  patch,  having  the  necessary  dimensions  to  clearly 
show  the  character  and  condition  of  the  scoria  or  dump.  The  author- 
ity mentioned  shall  forward  the  proceedings  to  the  governor-general 
for  his  decision. 

ART.  47.  The  plans  and  surveys  of  scoriae  and  dumps  shall  be  in  the 
form  of  a  polygon  and  rectilinear,  as  the  petitioner  may  designate; 
but  their  superficial  area  shall  not  exceed  the  double  of  a  claim, 
according  to  the  second  paragraph  of  article  13 — that  is,  300,000  square 
meters  for  one  person  or  company. 

The  institution  of  these  proceedings  and  the  possession  of  dumps 
and  scoriae  shall  take  place  in  the  manner  prescribed  for  granting 
registers  of  mining  claims. 

ART.  48.  When  a  person  who  is  not  their  owner  shall  request  per- 
mission to  work  a  mine  or  a  surveyed  claim  including  a  dump  or 
scoria,  the  owner  of  the  scoria  or  dump  shall  be  granted  preference 
in  the  working  thereof  should  he  consider  it  proper,  indicating  his 
purpose  within  thirty  days  after  receiving  notice. 

CHAPTER  VIII. — General  -mining  conditions. 

ART.  49.  The  owners  and  explorers  of  mines  shall  work  them 
according  to  the  rules  of  the  industry,  and  shall  comply  with  the  pro- 
visions for  safety  and  police  which  may  be  fixed  in  the  regulations. 

Offenses  shall  be  punished  by  fines  not  to  exceed  200  escudos,  nor 


14       MINING    LAW    AND   KEGULATIONS    IN    THE    PHILIPPINES. 

400  in  cases  of  repetitions.  Should  a  crime  also  have  been  committed, 
the  punishment  shall  be  in  accordance  to  common  law.  If  the 
miners  should  find  one  or  more  workable  minerals  different  from  that 
which  is  the  object  of  the  concession  or  exploration,  they  shall 
inform  the  civil  governor  or  chief  of  the  district  thereof,  and  the  latter 
the  governor-general  of  the  fact,  for  the  purpose  of  mining  statistics. 

ART.  50.  On  taking  possession  of  mining  claims,  dumps,  or  scoriae 
by  virtue  of  a  title  and  the  concessions  for  explorations,  there  shall 
be  begun  in  the  said  places  regular  work,  which  must  be  continued 
for  at  least  one  hundred  and  eighty-three  days  of  the  year. 

Mines,  dumps,  or  scorise,  in  order  to  be  considered  as  working  or  in 
activity,  shall  have  four  laborers  per  claim  at  work  during  half  of  the 
year. 

ART.  51.  In  the  general  tunnels  or  galleries  it  is  required  that  a 
similar  amount  of  work  be  performed  from  the  date  of  taking  posses- 
sion thereof  as  that  prescribed  in  the  foregoing  article.  The  persons 
ordinarily  employed  must  be  at  least  the  number  required  for  a  min- 
ing claim,  without  prejudice  to  a  greater  number  of  laborers,  if  it 
should  have  been  stipulated  in  the  conditions  of  the  concession. 

ART.  52.  It  is  not  necessary  that  the  working  gang  be  distributed 
among  all  the  claims,  but  they  may  be  placed  where  in  each  case  the 
interests  of  the  company  may  demand. 

In  the  computation  of  the  work,  account  shall  be  taken  of  the 
mechanical  force  employed. 

ART.  53.  The  least  amount  of  labor  which  must  be  performed  annu- 
ally on  a  mining  concession  as  a  proof  of  having  had  the  number  of 
laborers  prescribed  by  law,  shall  be  fixed  by  the  regulations,  accord- 
ing to  the  conditions  and  circumstances. 

When  the  difficulty  of  working  and  utilizing  the  products  of  a  mine, 
scoria,  or  dump  is  demonstrated,  the  governor-general  may  authorize 
the  reduction  of  the  working  gang  to  half  that  prescribed  by  article 
50  for  the  maximum  period  of  two  years. 

ART.  54.  During  the  course  of  the  proceedings  registers  may  pursue 
their  mining  operations  at  their  pleasure;  bub  if  objections  should  be 
made  all  work  shall  be  suspended  unless  a  bond  be  given,  sufficient 
in  the  opinion  of  the  civil  governor  or  chief  of  the  district  and  of  the 
governor-general  in  case  of  an  appeal. 

ART.  55.  Every  miner  shall  grant  permission  to  facilitate  the  ven- 
tilation of  adjacent  mines;  he  shall  permit,  for  an  indemnity,  if 
proper,  the  subterranean  passage  of  the  waters  of  said  mines  in  the 
direction  of  the  general  drainage,  and  shall  permit  on  the  surface  of 
liis  claims  the  transit  that  may  be  necessary  for  the  service  of  other 
claims. 

The  losses  and  damages  caused  to  other  mines,  either  by  the  accu- 
mulation of  water  in  the  workings,  if  upon  notification  it  is  not 
drained  within  the  time  required  by  the  regulations,  or  in  any  other 


MINING    LAW    AND   REGULATIONS    IN    THE    PHILIPPINES.        15 

manner  injurious  to  foreign  interests  within  or  without  the  mines,  in 
workings  prior  to,  simultaneous  with,  or  subsequent  to  the  extraction 
of  minerals  or  zaffer,  shall  be  indemnified  by  private  agreement  or 
by  an  appraisal  by  experts  according  to  common  law. 

If  in  the  above  cases  or  in  those  of  indemnification  to  the  owner  of 
the  land  the  miner's  insolvency  should  be  legally  declared,  he  shall 
be  considered  as  an  intentional  offender  for  all  legal  purposes. 

ART.  56.  Miners  may  obtain  the  free  and  full  use  of  all  or  part  of 
the  surface  of  their  claims  for  warehouses,  workshops,  buddies,  reduc- 
tion works,  slag  and  waste  piles,  roads,  and  other  similar  purposes, 
all  within  the  strict  requirements  of  their  industry.  If  for  this  pur- 
pose they  can  not  agree  individually  with  the  owners  of  the  lands  with 
regard  to  the  space  they  propose  to  occupy  and  the  price  thereof, 
they  shall  petition  the  civil  governor  or  head  of  the  district  for  the 
immediate  application  of  the  law  of  condemnation  of  property,  which 
in  these  cases  is  proper  and  which  shall  have  effect  within  two  months 
with  the  indemnities  established  in  article  5. 

If  the  surface  of  the  concession  should  not  be  sufficient  or  adequate 
for  the  requirements  referred  to  in  the  foregoing  paragraphs,  the 
miners  may  obtain  outside  thereof  the  land  which,  in  the  opinion  of 
the  engineer,  should  be  sufficient,  after  separate  proceedings,  whether 
said  land  is  adjacent  or  not,  although  near  the  claims  granted  or 
requested,  and  which  proceedings  shall  include  those  of  eminent 
domain  when  and  in  the  manner  which  may  be  proper,  without  prej- 
udice to  acquired  or  instituted  rights. 

If  the  roads  must  be  extended  or  opened  beyond  the  mining  claims, 
they  shall  be  subject  to  the  general  provisions  governing  the  same. 

ART.  57.  Miners  may  freely  dispose  in  the  same  manner  as  any 
other  property  of  any  rights  guaranteed  them  by  this  decree.  There 
are  excepted,  however,  the  mineral  products  controlled  by  the  Treas- 
ury Department,  with  regard  to  which  the  special  orders  which 
govern  in  the  matter  shall  be  observed. 

ART.  58.  In  order  to  dispose  of  minerals  it  is  necessary  that  the 
miner  shall  have  obtained  the  title  of  ownership  to  his  claims. 

Nevertheless,  when  the  mines  should  have  been  surveyed  without 
objection,  the  civil  governor  or  head  of  the  district  may  grant  author- 
ity for  the  sale  of  the  mineral,  informing  the  general  direction  of  the 
civil  administration,  and  declaring  the  person  interested  subject  to 
the  provisions  of  articles  81,  82,  83,  and  84. 

ART.  59.  The  scoria?  and  dumps  contained  in  mining  claims  are  the 
property  of  the  owners  of  the  latter,  providing  they  have  not  been 
granted  or  registered  by  others  before  their  registry. 

The  owners  of  mines,  tunnels,  and  general  galleries  have  the  use  of 
the  waters  found  in  their  works  while  they  retain  the  ownership  of 
their  respective  possessions.  However,  if  they  should  voluntarily  or 
involuntarily  cut  off  or  turn  aside  any  water  destined  to  irrigation  or 


16       MINING   LAW    AND   BE<HJLATI,ONS    IN    THE    PHILIPPINES. 

to  the  supply  of  some  town,  the  water  shall  be  returned  to  its  former 
channel  and  the  losses  and  damages  indemnified,  with  civil  liability 
and,  in  a  proper  case,  criminal  liability. 

ART.  60.  Miners  shall  be  considered  as  residents  of  the  towns  within 
whose  districts  their  mines  may  be  situated  with  regard  to  the  use 
of  waters,  forests,  grazing  and  pasture  grounds,  and  other  common 
benefits  relating  to  their  industry,  subjecting  themselves  to  the 
observance  of  the  respective  provincial  ordinances. 

They  may  also  establish  a  cockpit  and  supply  themselves  with 
meats  from  a  slaughterhouse  for  the  mining  establishment,  provided 
that  the  number  of  workmen  employed  exceeds  100,  and  that  they 
pay  the  lessor  or  contractor  of  the  land  the  charges  or  taxes  which 
may  be  proper  and  which  are  established  as  a  general  rule  for  the 
benefit  of  the  public  treasury  or  communal  funds.  The  miners  shall 
furthermore  enjoy  the  permission  granted  to  farmers  of  the  first  class 
for  the  introduction  of  Chinese  laborers  engaged  in  agricultural  pur- 
suits, according  to  a  provision  in  force  of  the  superior  civil  govern- 
ment of  the  islands  of  August  5,  1850;  but  as  mineral  deposits  are 
almost  always  situated  in  uninhabited  and  unhealthy  points,  they 
shall  pay  for  every  Chinaman  the  same  capitation  tax  which  is  paid 
by  natives  while  he  is  a  mining  laborer  exclusively. 

In  order  that  mining  companies  may  enjoy  this  authorization,  the 
following  shall  be  indispensable  conditions : 

1.  That  before  the  introduction  into  the  islands  of  Chinese  con- 
tracted abroad,  the  company  request  permission  through  the  head  of 
the  province  in  which  the  mine  is  situated,  mentioning  the  point  of 
landing  and  the  number  of  laborers.     The  chief  shall  make  a  report 
on  the  petition. 

2.  That  said  Chinese  workmen  reside  close  to  the  mine,  and  under 
no  circumstances  in  the  near-by  towns. 

3.  That  the  transfer  of  residence  to  the  mine  of  Chinese  already 
residing  in  the  country  be  requested  by  the  company  through  the 
head  of  the  province,  in  order  that  the  requisites  established  may  be 
filled  and  that  the  workmen  be  removed  from  the  industrial  poll. 

4.  That  the  company  be  responsible  for  the  capitation  tax  for  said 
workmen  by  quarters  in  advance. 

5.  That  when  payment  is  made  a  nominal  sworn  statement  of  said 
workmen  be  presented,  stating  the  changes  which  may  have  occurred 
during  each  quarter. 

6.  That  the  head  of  the  province  may  take  lists  of  the  Chinese 
workmen  present  at  such  times  as  he  may  consider  proper,  and 
inspect  the  works  in  which  they  are  engaged,  in  order  to  correct  the 
poll  and  the  tax  quotas  fixed  as  well  as  to  pass  upon  the  disputes 
between  the  company  and  the  workmen,  giving  the  latter,  when  nec- 
essary, the  legal  protection  which  they  may  need   on  account  of 
abuses  of  the  former. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        17 

ART.  61.  The  natives  or  mixed  races  (mestizos),  as  well  as  their 
wives  and  children,  who  pass,  as  workmen  of  mines  or  reduction  works 
to  points  where  a  company  has  mines,  tunnels,  or  general  galleries, 
and  where  there  does  not  exist  within  a  radius  of  2  leagues  any  Chris- 
tian town  of  more  than  300  families,  shall  enjoy  the  following  benefits: 

1.  Reduction  by  half  of  the  "carga  de  polo" 1  and  personal  services 
which  each  mining  colony  shall  render  in  the  district,  if  satisfied 
in  person ;  but  if  it  should  be  redeemed  in  money,  this  reduction  shall 
be  limited  to  one-third,  each  taxpayer  paying  in  such  case  2  escudos 
every   six   months  in   advance — that   is  to   say,   4   escudos   for  the 
redemption  of  each  year,  instead  of  6  which  is  paid  as  a  general  rule. 

2.  Every  mining  colony  having  a  population  of   more  than   250 
families  shall  be  declared  a  town,  with  its  own  municipal  adminis- 
tration. 

The  chaplain  of  these  new  towns  shall  have  parrochial  powers  and 
his  salary  shall  be  paid  by  the  owner  or  the  mining  company,  as  long 
as  there  are  not  500  families ;  after  this  period  the  State  shall  pay  it, 
as  is  done  in  other  parishes  newly  established. 

ART.  62.  The  registers  of  complete  or  incomplete  mining  claims,  of 
surplus  lands,  scoriae,  or  dumps,  and  those  who  request  the  privilege 
of  making  explorations,  shall  deposit  with  the  civil  governor  or  head 
of  the  district  the  amount  of  the  fees  which  are  fixed  in  the  regula- 
tions to  cover  the  official  expenses.  They  shall  also  pay  at  the  proper 
time  the  cost  of  the  issue  of  titles  of  ownership. 

ART.  63.  Whosoever  may  have  dug  a  trial  pit  and  then  abandoned 
it  is  obliged  to  refill  the  same,  and  may  be  compelled  to  do  so  by  the 
local  authority  or  by  the  owner  of  the  land. 

The  register  or  explorer  who  may  abandon  their  projects  shall  give 
fifteen  days'  notice  to  the  civil  governor  or  head  of  the  district  and 
must  close  their  shafts,  under  the  penalty  of  a  fine  not  to  exceed  200 
escudos. 

The  owner  of  mines  who  should  wish  to  suspend  work  and  abandon 
the  mines  shall  close  his  shafts  and  inform  the  civil  governor  or  head 
of  the  district  of  his  intention  one  month  in  advance,  under  the 
penalty  of  a  fine  not  to  exceed  the  said  amount. 

The  civil  governor  or  head  of  the  district  shall  order  an  engineer  to 
examine  the  works  of  whose  suspension  or  abandonment  he  has  been 
advised,  in  order  that  he  may  testify  or  report  on  its  condition  of 
safety  and  whether  the  shafts  are  sufficiently  inclosed. 

ART.  64.  Until  the  register,  explorer,  or  owner  of  a  mine,  scoria,  or 
dump  notifies  the  proper  authority  of  his  suspension  or  abandonment 

1  Personal  services  of  forty  days  per  annum  which,  in  the  Philippines,  every 
male  Indian,  native,  or  mestizo  is  obliged  to  render  when  he  attains  the  age  of 
16  years,  if  emancipated,  and  at  18  years  if  living  under  the  guardianship  of  his 
parents,  until  he  attains  the  age  of  60  years,  and  which  obligation  he  may  be 
exempted  from  by  paying  12  cuartos  for  every  day's  work. 
3082 -2 


18       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

thereof,  he  shall  remain  subject  to  the  prescriptions  and  charges  of 
this  decree. 

CHAPTER  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and  pro- 
cedure in  new  awards. 

ART.  65.  Proceedings  relating  to  mines,  scoriae,  and  dumps  shall  be 
discontinued  and  lapse : 

First.  When  after  a  notice  there  are  lacking  any  of  the  requisites 
established  in  this  decree  for  registers,  viz : 

The  deposit  of  the  amount  fixed  by  the  regulations  to  cover  the 
official  expenses  and  pay  for  the  issue  of  titles  of  ownership. 

The  attachment  to  the  registry  of  the  designation. 

The  filing  of  a  surface  plan  or  a  certificate  that  the  land  has  been 
marked  oif  according  to  articles  21  and  46. 

The  performance  of  the  legal  labor. 

A  request  for  a  survey  within  the  fixed  period,  and,  when  an 
action  is  instituted  to  enforce  the  payment  of  the  surface  tax,  he 
should  be  found  insolvent. 

In  cases  relating  to  permission  for  explorations  a  similar  method 
shall  be  employed,  with  the  difference  that  the  legal  labor  is  not 
obligatory,  but  the  petition  for  survey  shall  be  necessary  as  soon 
as  mineral  may  have  been  discovered  according  to  articles  1,  6,  7, 
and  30. 

Second.  When  any  of  the  registers  of  mining  claims,  spaces  between 
claims,  dumps,  or  scoriae,  or  those  requesting  permission  to  explore, 
should  advise  the  proper  authority  in  writing  that  he  has  abandoned 
his  plan  or  purpose. 

In  any  of  the  above  cases  the  civil  governor  or  head  of  the  district 
shall  declare  in  the  manner  prescribed  in  the  regulations  that  the 
case  is  closed  or  canceled,  and  that  the  lands  of  the  mining  claims, 
dumps,  scoriae,  or  explorations  are  free  and  may  be  applied  for. 

ART.  66.  The  ownership  of  mining  claims,  dumps,  or  scoriae  is  lost 
and  forfeited: 

First.  When  the  conditions  of  the  concession  contained  in  the  title 
of  ownership  are  not  fulfilled  according  to  this  decree  and  the  regula- 
tions for  its  execution. 

Second.  When,  by  poor  management  and  performance  of  the  works, 
their  destruction  is  imminent,  provided  that  when  notified  the  owner 
does  not  strengthen  them  within  the  term  which  may  be  fixed,  and 
according  to  the  instructions  of  the  engineer,  approved  by  the  civil 
governor  or  head  of  the  district. 

Third.  When  the  surface  tax  prescribed  in  article  80  is  not  paid, 
and  when  action  is  instituted  to  enforce  said  payment,  he  should  be 
found  insolvent. 

Fourth.  By  abandonment,  the  rules  established  in  articles  50,  51, 
52,  and  53  not  being  observed. 


MINING    LAW    AND   REGULATIONS    IN   THE   PHILIPPINES.        19 

Fifth.  By  voluntary  renunciation,  relinquishing  the  claim  or  claims 
in  the  manner  prescribed  in  article  63. 

Those  who  may  have  obtained  permission  to  explore  can  not  be  dis- 
possessed, except  for  some  of  the  causes  specified  in  this  article,  and 
according  to  the  formalities  and  procedure  and  with  the  right  to  appeal 
prescribed  in  article  69. 

ART.  67.  In  the  first  and  fourth  cases  of  the  foregoing  article  valid 
exceptions  shall  be  war,  famine,  or  an  epidemic  within  a  radius  of  60 
kilometers,  fire,  flood,  earthquakes,  and  bad  weather  which  prevents 
the  working  of  the  mines,  and  always  force  majeure  duly  proven. 

ART.  68.  From  the  decisions  of  the  civil  governor  or  head  of  the 
district  officially  declaring  pending  cases  discontinued  and  forfeited, 
according  to  article  65,  the  person  interested  may  appeal  to  the  gov- 
ernor-general, in  accordance  with  article  89,  within  thirty  days  after 
the  notification. 

Without  prejudice  to  publishing  or  announcing  at  the  proper  time 
the  proceedings  discontinued,  the  civil  governor  or  head  of  the  dis- 
trict shall  insert  every  six  months  in  the  official  periodical  of  the  seat 
a  list  of  the  mining  claims,  dumps,  or  scoriae  declared  for  any  legal 
cause  open  to  registry  during  that  period  of  time. 

ART.  69.  In  the  cases  of  article  66  the  civil  governor  or  head  of  the 
district  shall  declare  the  forfeiture,  after  proceedings  of  investigation 
instituted  either  officially  or  at  the  instance  of  another  by  means  of  a 
registry. 

These  registries  of  mines  that  may  have  been  worked  in  former 
times,  or  for  which  titles  of  ownership  may  have  been  acquired  in 
recent  times,  shall  be  confined  to  a  petition  for  the  institution  of 
proceedings,  in  order  that  in  either  of  the  two  cases  when  forfeiture 
is  declared,  or  if  it  should  have  been  already  declared,  the  mine  be 
awarded  to  the  petitioner.  The  latter  shall  attach  to  the  registry  a 
plan  of  the  property,  and  after  the  forfeiture  has  been  declared,  or 
should  it  appear  that  it  was  previously  declared  forfeited,  he  shall 
request  a  survey  without  being  required  to  perform  the  legal  labor. 

The  concessioner,  who  in  consequence  of  such  registries  or  by  offi- 
cial proceedings  should  consider  himself  injured  in  his  rights  by  the 
declaration  of  forfeiture,  may  appeal  to  the  governor-general  within 
a  period  of  thirty  days  after  receiving  notice;  and  if  he  should  con- 
sider himself  injured  by  the  decision  which  the  former  may  render, 
he  may  appear  before  the  council  of  administration  by  means  of 
administrative  litigation  within  a  period  of  thirty  days  after  receiving 
notice.  From  the  decision  of  the  council  an  appeal  lies  to  the  council 
of  state  in  the  terms  prescribed  in  the  royal  decree  of  July  4,  1861. 

When  the  forfeiture  of  a  concession  of  a  mine,  dump,  or  scoria  has 
been  finally  decreed,  or  permission  to  explore,  or  the  closing  of  reg- 
istry proceedings  having  been  ordered,  the  civil  governor  or  head 
of  the  district  shall  declare  that  such  lands  are  open  to  registry, 


20       MINING    LAW   AND   KEGULATIONS   IN   THE   PHILIPPINES. 

announcing  the  same  to  the'public.  In  case  of  a  declaration  of  for- 
feiture as  a  result  of  a  registry,  the  applicant  shall  have  the  prefer- 
ence for  the  survey  and  subsequent  possession. 

If  after  the  forfeiture  of  a  concession  of  a  mine,  dump,  or  scoria,  or 
permission  for  exploration,  or  registry  proceedings  have  been  de- 
clared closed,  the  adjoining  lands  should  be  registered  or  granted  in 
such  manner  that  a  complete  claim  can  not  be  included  therein,  the 
original  mine  shall  contain  the  area  it  had  originally,  and  if  said 
dimensions  should  not  be  known,  or  if  the  free  land  should  not  be 
sufficient  to  include  the  same,  the  new  petition  shall  have  no  effect, 
and  said  space  shall  be  included  in  the  common  order  of  surplus 
lands. 

ART.  70.  If  after  a  forfeiture  has  been  declared  it  should  suit  the 
new  register  to  use  the  buildings  of  the  forfeited  claim  or  claims,  or 
employ  the  machinery  that  there  may  be  thereon,  he  shall  have  the 
right  to  have  them  condemned  according  to  law. 

ART.  71.  In  claims  abandoned  for  a  period  of  ten  years  without 
being  registered  or  without  being  worked  anew,  the  lands  which  may 
have  been  occupied  for  mining  requirements  and  easements  and  the 
sites  of  buildings  rendered  unserviceable  for  their  original  purpose 
shall  fully  revert  to  the  owner  of  the  estate. 

CHAPTER  X.— Reduction  works. 

ART.  72.  Every  worker  of  minerals  in  stationary  establishments 
shall  enjoy  the  rights,  have  the  obligations,  and  be  subject  to  the 
indemnities  referred  to  in  Chapter  VIII  of  this  decree,  provided  that 
the  provisions  contained  therein  are  applicable  to  the  said  workings. 

ART.  73.  When  the  worker  can  not  agree  with  the  owner  of  the  land 
where  he  desires  to  build  his  reduction  works,  he  shall  appty  to  the 
civil  governor  or  head  of  the  district  in  order  that,  the  proceedings 
prescribed  by  the  law  of  eminent  domain  being  instituted,  a  declara- 
tion may  be  made  as  to  whether  or  not  the  establishment  is  of  public 
utility.  From  the  decision  of  the  civil  governor  or  head  of  the  dis- 
trict either  the  manufacturer  or  the  owners  of  the  land  may  appiv-il 
to  the  governor-general,  whose  decision  shall  be  final  and  can  not  be 
appealed  from. 

ART.  74.  When  high  or  smelting  furnaces  or  any  other  class  of 
reduction  works  are  to  be  established  which  require  vegetable  fuel  or 
waterfalls,  the  authorization  of  the  governor-general  is  necessary, 
after  proceedings  instituted  by  the  civil  governor  or  chief  of  the  dis- 
trict, with  a  hearing  of  the  persons  interested,  of  a  mining  engineer, 
of  another  engineer  or  official  of  forests,  and  of  the  council  of  admin- 
istration. 

The  civil  governor  or  head  of  the  district  can  not  delay  for  more 
than  six  months  the  time  for  instituting  the  proceedings  and  to  for- 
ward them  to  the  general  direction  of  the  civil  administration. 


MINING   LAW    AND   EEGULATIONS    IN    THE    PHILIPPINES.        21 

ART.  75.  All  that  relates  to  mineral-reduction  works  that  is  not 
determined  in  this  chapter  shall  be  governed  by  the  rules  of  common 
law  applicable  to  other  industrial  works,  the  sanitary  and  Dolice  rules 
and  regulations  being  observed. 

CHAPTER  XI. — Taxes  with  regard  to  mining. 

ART.  76.  The  fixed  surface  tax  of  40  escudos  shall  be  paid  annually 
on  each  mining  claim  of  the  dimensions  mentioned  in  the  first  para- 
graph of  article  13. 

The  claims  of  the  second  paragraph  of  the  same  article,  even  though 
of  greater  dimensions  than  the  others,  shall  only  pay  20  escudos. 

The  scoriae  and  dumps  shall  pay  an  annual  tax  of  50  escudos  for 
every  40,000  square  meters  of  area. 

The  incomplete  claims  and  the  surplus  lands  shall  pay  in  propor- 
tion to  their  respective  areas. 

A  similar  payment  shall  be  made  for  claims  granted  at  the  present 
time  which  have  a  smaller  area,  from  the  date  on  which  these  pro- 
visions go  into  operation. 

Permission  for  explorations  shall  pay  20  escudos  annually,  whether 
for  one  or  two  claims. 

General  galleries  shall  pay  the  tax  corresponding  to  the  mining 
claims  reserved  to  them  by  the  concession  from  the  day  on  which  they 
were  registered  or  exploration  was  begun  according  to  article  42. 

The  tax  shall  commence  to  be  counted  from  the  date  of  the  survey 
of  mining  claims  and  from  that  of  the  concession  of  permission  for 
explorations,  respectively. 

ART.  77.  The  mining  claims  actually  granted,  the  incomplete  claims, 
and  the  spaces  between  claims,  and  those  the  concession  of  which  is 
pending,  shall  enjoy  the  benefits  of  this  decree,  applying  to  them  the 
tax  according  to  article  76  with  the  corresponding  discount  by  reason 
of  the  smaller  area  they  may  have,  compared  to  the  new  claims  here- 
with established;  but  those  pending  shall  also  be  subject  to  the 
payment  of  the  tax  from  the  day  on  which  these  provisions  go  into 
operation. 

ART.  78.  Mining  claims  of  iron  ore  shall  continue  exempt,  as  up  to 
the  present,  from  the  payment  of  an  annual  surface  tax  for  a  period  of 
thirty  years,  computed  from  the  publication  of  this  law. 

ART.  79.  All  ores  or  metals  of  whatsoever  character  may  be  exported 
from  the  islands,  and  shall  not  pay  any  export  duties  until  otherwise 
prescribed  in  the  tariffs. 

Anthracite  coal  which  may  be  imported  for  the  requirements  of 
metallurgy  shall  also  be  exempt  from  the  payment  of  import  duties, 
with  the  same  proviso. 

The  tariffs  shall  fix  the  duties  to  be  paid  on  the  importation  of 
other  foreign  mineral  products. 

ART.  80.  There  shall  be  paid  furthermore  3  per  cent  of  the  total 


22       MINING   LAW   AND   REGULATIONS   IN   THE    PHILIPPINES. 

products  without  deduction  of  costs  of  any  kind  whatsoever.  All 
the  substances  mentioned  in  article  1  shall  be  exempt  from  the  pay- 
ment of  the  3  per  cent  tax  for  a  period  of  thirty  years. 

ART.  81.  The  mining  and  metallurgical  industries  can  not  be  charged 
with  any  contribution  or  other  impost  with  the  exception  of  those 
herein  mentioned.  Neither  shall  a  tax  of  any  other  kind  be  imposed 
on  the  circulation  and  transportation  of  minerals  within  the  islands, 
or  along  the  coasts,  but  they  shall  be  confiscated  if  transported  with- 
out the  invoice  showing  their  origin. 

CHAPTER  XII.— Authority  and  jurisdiction  in  mining. 

ART.  82.  All  proceedings  instituted  in  order  to  obtain  mining  con- 
cessions are  purely  administrative.  They  shall  be  finally  decided  by 
the  governor-general  of  the  islands. 

ART.  83.  The  governor-general,  whenever  he  deems  it  proper,  and 
when  the  proceedings  instituted  relating  to  concessions  of  property 
are  objected  to,  shall  hear  the  council  of  administration  in  full  or  the 
section  of  administration  and  of  the  interior.  If  it  were  possible 
that  the  matters  in  question  might  become  the  subject  of  litigation, 
they  shall  be  reported  upon  by  the  said  section  only. 

ART.  84.  Every  provision  or  measure  taken  by  the  civ.il  governors 
or  chiefs  of  districts  in  mining  matters  may  be  administratively 
appealed  from  to  the  next  higher  authority  by  the  person  who  con- 
siders himself  prejudiced,  but  the  appeal  must  be  forwarded  through 
the  authority  who  rendered  the  decision,  who  shall  attach  his  report 
thereto. 

ART.  85.  With  reference  to  final  decisions  rendered  by  the  governor- 
general  relating  to  mining,  an  appeal  lies  to  the  council  of  adminis- 
tration by  administrative  litigation — 

1.  From  the  resolutions  confirming  or  rejecting  the  permission  or 
refusal  to  make  explorations. 

2.  From  those  rendered  granting  or  refusing  authority  to  drive 
tunnels  or  general  galleries. 

3.  From  those  granting  or  rejecting  the  decisions  rendered  granting 
or  refusing  the  ownership  of  mines,  scoriae,  dumps,  or  general  galleries. 

4.  From  those  declaring  the  forfeiture  of  a  concession  according  to 
article  69. 

ART.  86.  The  appeals  through  administrative  litigation  referred  to 
in  the  foregoing  article  may  be  filed  J>y  those  interested  in  the  resolu- 
tions, with  regard  to  which  they  have  this  remedy,  as  well  as  by  any 
others  who  within  the  legal  period  may  have  presented  their  protests 
to  the  civil  governors  or  heads  of  districts  in  order  that,  according  to 
articles  36  and  46,  they  may  be  united  to  the  respective  proceedings. 

ART.  87.  The  period  for  taking  the  appeal  referred  to  in  the  two 
foregoing  articles  shall  be  that  prescribed  in  the  regulations  of  pro- 
cedure in  questions  of  litigation  of  the  administration  of  July  4,  1861. 


MINING   LAW   AND   REGULATIONS   IN   THE   PHILIPPINES.        23 

ART.  88.  Whosoever  may  institute  proceedings  in  mining  or  metal- 
lurgical matters  must  have  a  representative  in  the  capital  of  the 
respective  district.  In  the  absence  of  the  principal  and  of  his  agent 
the  publication  of  a  ruling  in  the  official  paper,  or  in  the  absence 
thereof  a  poster  affixed  in  the  usual  place,  shall  have  the  same  legal 
effect  as  a  personal  notification. 

ART.  89.  The  cognizance  in  administrative  litigation  of  questions 
instituted  between  the  administration  and  the  concessioners  with 
regard  to  the  interpretation  and  fulfillment  of  the  conditions  fixed  in 
the  concession  pertains  to  the  council  of  administration. 

ART.  90.  The  ordinary  courts  shall  take  cognizance  of  all  questions 
relating  to  mines,  scoriae,  dumps,  tunnels  or  galleries,  and  reduction 
works  that  may  be  instituted  between  parties  with  reference  to  own- 
ership, profits,  and  debts,  as  well  as  of  the  ordinary  crimes  which 
may  be  committed  in  the  said  establishments  and  their  dependencies. 

The  intervention  of  the  ordinary  courts  shall  not  interfere  with  the 
progress  of  the  administrative  prosecution  of  proceedings,  nor  the 
prosecution  of  the  works.  In  suits  against  mining  establishments  for 
debt,  an  attachment  of  all  or  part  of  the  output  may  be  ordered, 
and  also,  in  a  proper  case,  an  execution  on  and  sale  of  the  establish- 
ments themselves;  but  this  judicial  proceeding  shall  not  impair  the 
workings,  supports,  drainage,  and  ventilation  of  the  mines  attached 
nor  of  the  neighboring  ones. 

The  civil  governor  or  head  of  the  district  shall  exercise  a  sur- 
veillance over  this  subject. 

ART.  91.  The  courts  competent  to  take  cognizance  of  cases  of  fraud 
against  the  interests  of  the  public  treasury  shall  also  have  jurisdic- 
tion in  those  relating  to  fraud  in  the  payment  of  mining  taxes  and  in 
the  shipment  of  minerals  and  metals  without  the  proper  invoice. 

CHAPTER  XIII. — Mining  engineers. 

ART.  92.  The  members  of  the  royal  corps  of  mining  engineers  shall 
continue  as  to  the  present  time,  rendering  their  services  in  these 
islands,  discharging  the  scientific  commissions  of  their  profession, 
and  exercising  the  powers  which  pertain  to  them  according  to  this 
decree  and  the  regulations.  In  order  to  assist  the  engineers  in  their 
work,  there  shall  be  the  number  of  technical  assistants  which  may  be 
required  by  the  service. 

The  regulations  shall  determine  the  organization  of  the  service  in 
the  islands.  The  Governor-General,  in  accordance  with  the  condi- 
tions contained  in  said  regulations,  shall  distribute  the  existing 
engineers  according  to  the  said  requirements. 

It  is  the  duty  of  the  said  engineers  to  prepare  the  statistics  of  the 
mining  proceedings  in  which  they  take  part,  and  to  make  the  annual 
report  of  the  service.  Of  both  works  a  copy  shall  be  sent  to  the 
supreme  government. 


24       MINING    LAW    AND   REGULATIONS    IN    THE    PHILIPPINES. 

i 

GENERAL  PROVISIONS. 

1.  In  all  mines  and  mining  establishments  the  Government  shall 
exercise,  by  means  of  a  corps  of  engineers,  the  surveillance  or  inspec- 
tion necessary  to  enforce  compliance  with  this  decree,  subject  to  the 
regulations. 

2.  The   regulations   shall  determine   the   manner  in  which  said 
inspection  is  to  be  made,  and  if  there  should  be  any  kind  of  work- 
ings which  require  the  direction  of  an  engineer  or  authorized  expert; 
who  may  employ  experts  and  who  are  excepted  from  either  obligation. 

3.  The  concessions  and  authorizations  granted  according  to  the 
organic  royal  decree  of  1825,  with  the  subsequent  explanations,  shall 
continue  in  their  actual  status,  provided  that  the  conditions  under 
which  they  were  issued  be  exactly  fulfilled,  entering  immediately  on 
the  enjoyment  of  all  the  advantages  which  this  decree  extends  to 
them,  provided  third  persons  are  not  prejudiced  thereby. 

4.  All  the  periods  of  time  which  are  fixed  in  this  decree  shall  begin 
to  be  counted  from  the  day  following  that  of  the  administrative  notifi- 
cation, that  of  the  citation  or  publication  in  the  official  papers,  or  in 
their  absence,  on  posters  affixed  in  the  usual  places,  or  that  of  the 
insertion  in  the  same  of  the  resolutions  of  authorities  as  will  be 
specified  in  the  regulations. 

TEMPORARY  PROVISIONS. 

1.  The  individuals  or  companies  which  may  have  obtained   the 
property  of  mining  claims  according  to  the  prior  law  may  acquire  a 
larger  number  of  contiguous  claims  in  free  land,  petitioning  for  the 
same  as  provided  in  article  16. 

2.  The  proceedings  pending  on  the  publication  of  this  decree  shall 
be  concluded  according  to  the  procedure  established  therein  as  the 
shortest  and  most  expeditious,  unless  the  interested  persons  should 
declare  in  writing  to  the  civil  governor  or  chief  of  the  district  that 
they  prefer  the  former  procedure,  within  sixty  days  of  the  publication 
of  this  decree. 

FINAL  PROVISION. 

All  general  provisions  relating  to  mining  prior  to  the  publication  of 
this  decree  are  hereby  repealed. 

The  Governor-General  shall  submit  the  regulations  for  its  execu- 
tion to  the  approval  of  the  Government. 
Therefore,  we  order,  etc. 
Given  in  the  Palace  on  May  14,  1867. 
Rubricated  by  the  Royal  hand. 

ALEJANDRO  CASTRO, 

Colonial  Secretary. 


REGULATIONS   FOR   THE   EXECUTION  OF   THE   ROYAL   DECREE   ON 
MINING  IN  THE  PHILIPPINE  ISLANDS, 


25 


REGULATIONS   FOR   THE   EXECUTION   OF   THE   ROYAL    DECREE 
ON  MINING  IN  THE  PHILIPPINE  ISLANDS. 

CHAPTER  I. — Objects  of  mining. 

ART.  1.  The  special  objects  of  the  mining  industry  are  all  inorganic 
substances  mentioned  in  the  royal  decree,  whether  found  in  veins, 
strata,  pockets,  or  in  any  other  form,  providing  that  their  working 
and  profit  require  well-ordered  workings  on  the  surface  or  under  the 
surface,  according  to  the  conditions  of  the  industry. 

Precious  stones,  in  all  cases  in  which  they  can  be  developed,  shall 
also  be  the  special  objects  of  mining,  whatever  be  the  form  and  place 
of  discovery. 

ART.  2.  When  in  petitions  for  mining  workings  the  substances  to 
which  reference  is  made  in  article  1  of  the  royal  decree  are  con- 
founded with  those  mentioned  in  article  3,  the  civil  governors  or 
heads  of  the  districts  shall,  on  the  presentation  of  the  petition,  take 
the  proper  steps  in  order  that,  being  drafted  in  the  proper  manner, 
the  special  procedure  prescribed  in  the  said  royal  decree,  according 
to  the  different  objects  of  the  concession  requested  may  be  observed. 

If,  after  the  expert  report  has  been  received,  there  should  arise  any 
reasonable  doubt  as  to  the  nature  of  the  substance  which  it  is  pro- 
posed to  develop,  or  when  the  respective  owners  of  the  land  should 
raise  doubts  before  the  expiration  of  the  period  fixed  for  the  admis- 
sion of  objections  to  the  mining  petitions  included  in  article  1  of  the 
royal  decree,  and  before  the  survey,  with  regard  to  petitions  for  min- 
eral products  mentioned  in  article  3,  the  civil  governors  or  chiefs  of 
the  districts  shall  suspend  the  course  of  the  respective  proceedings 
and  shall  immediately  inform  the  general  director  of  the  civil  admin- 
istration, requesting  the  proper  decision  in  view  of  the  reports  of 
the  mining  inspector  and  of  the  section  of  Government  and  of  the 
Interior  of  the  council  of  administration. 

These  decisions  shall  be  final,  from  which  there  shall  be  no  subse- 
quent appeal.  They  shall  be  published  in  the  Gaceta  and  shall  serve 
as  precedents  for  future  cases. 

ART.  3.  The  mineral  productions  mentioned  in  article  3  of  the  royal 
decree  shall  be  of  free  utilization  if  the  owner  of  the  land  consent 
thereto,  even  in  cases  of  applying  said  products  to  potter's  produc- 
tions, the  making  of  crockery  or  porcelain  and  fire  brick,  crystal  or 
glass,  or  any  other  branch  of  the  fabrile  industry;  and  only  for  these 
purposes,  when  the  owner  should  refuse  his  consent,  may  the  governor- 

27 


28       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

general  grant  authority  to  develop  the  same,  after  the  institution  of 
proceedings  by  the  civil  governor  or  head  of  the  district  in  the  man- 
ner and  with  the  formalities  the  said  royal  decree  prescribes  in 
article  4. 

For  the  purposes  of  the  said  article  of  the  royal  decree  and  of  the 
following  one,  by  development  shall  be  understood  the  extraction  and 
alienation  or  assignment  of  the  mineral  products  to  which  they  refer, 
even  though  the  owner  .of  the  lands,  or  the  concessioner  in  a  proper 
case,  should  be  neither  the  industrials  nor  the  manufacturers  who 
immediately  apply  them  to  the  uses  indicated  in  the  preceding 
paragraph. 

ART.  4.  The  proceedings  instituted  in  order  to  grant  authority  to 
develop  the  mineral  products  named  and  indicated  in  article  3  of  the 
royal  decree  shall  commence  with  the  petition  presented  by  the  inter- 
ested person,  drafted  in  accordance  with  the  formula  contained  in 
Form  No.  1. 

The  civil  governor  or  head  of  the  district  shall  order  that  the  proper 
notice  be  given  to  the  owner  of  the  land,  in  order  that  he  may,  as  such 
owner,  within  a  period  of  thirty  days,  set  forth  the  reasons  for  refusing 
permission  for  the  development,  or  state  whether  he  binds  himself  to 
do  so  on  his  own  account. 

In  the  latter  case,  the  proceedings  shall  be  forwarded  to  the  gov- 
ernor-general through  the  proper  channels  in  order  that  after  a  report 
from  the  engineer  and  of  the  section  of  government  and  of  the  inte- 
rior of  the  council  of  administration  the  period  may  be  fixed  within 
which  the  owner  of  the  land  must  commence  the  development,  which 
shall  not  be  less  than  three  months,  according  to  article  4  of  the 
royal  decree.  During  the  period  which  may  be  fixed  the  petition  for 
authorization  shall  remain  in  suspense  and  shall  be  granted  only  if 
the  owner  of  the  land  should  not  begin  the  work  of  development 
within  the  same  period.  Under  the  expectation  of  this  occurring,  the 
reports  of  the  engineer  and  section  of  the  council  of  administration 
shall  include  the  reasons  which  would  advise  the  granting  of  the 
concession  requested. 

If  the  owner  of  the  land  within  a  period  of  thirty  days  should  not 
state  anything  with  regard  to  binding  himself  to  make  the  develop- 
ment on  his  own  account,  it  shall  be  considered  that  he  renounces  his 
right  to  do  so ;  and  in  such  case,  as  well  as  in  the  case  of  his  refusing 
to  develop  the  land  of  his  property,  with  a  statement  of  the  reasons 
on  which  he  bases  hie  refusal  to  consent  to  the  development  by  a  third 
person,  the  proceedings  shall  be  forwarded  to  the  general  direction  of 
the  civil  administration  for  the  proper  decision,  after  a  report  of  the 
engineer  and  of  the  section  of  government  and  of  the  interior  of 
the  council  of  administration. 

This  decision  shall  be  considered  final,  without  further  remedy, 
whether  it  refuses  or  grants  the  authority. 


MINING    LAW    AND    EEGULATIONS    IN    THE    PHILIPPINES.        29 

ART.  5.  If  the  governor-general  should  grant  the  authority  to  a 
stranger  to  develop  on  private  land  the  products  referred  to  in  article 
3  of  the  royal  decree,  the  civil  governor  or  head  of  the  district  shall 
take  the  proper  steps  in  order  that,  the  concession  being  at  once 
notified,  the  lands  to  be  occupied  be  immediately  appraised,  and  that 
their  owner  be  at  once  paid  the  appraised  value  of  the  land,  and  that 
the  bond  referred  to  in  article  5  of  the  royal  decree  be  given. 

The  appraisal  shall  be  made  by  experts  appointed  by  the  persons 
interested  and  in  case  of  disagreement  by  a  third,  appointed  by  the 
civil  governor  or  head  of  the  district  when  the  others  are  appointed 
by  the  former.  For  this  purpose  due  notice  shall  be  given  to  said 
official  of  the  appointments  made,  and  the  latter  shall  notify  them 
immediately  of  the  appointment  of  the  third  one. 

The  bond  shall  be  fixed  by  the  said  civil  governor  or  head  of  the 
district. 

ART.  6.  The  indemnity  having  been  paid  and  the  bond  referred  to 
in  article  5  of  the  royal  decree  and  these  regulations  having  been 
filed,  the  civil  governor  or  head  of  the  district  shall  order,  without 
the  slightest-delay,  that  the  land  be  surveyed  by  the  proper  engineer, 
informing  the  general  direction  of  the  civil  administration  of  this 
decision,  who  will  notify  the  engineer  in  order  that  it  may  be  com- 
plied with. 

The  land  surveyed,  which  shall  never  include  more  than  20,000 
square  meters,  shall  have  the  area  and  shape  that  the  petitoner  maj7 
have  indicated  in  the  petition  for  authorization,  providing  that  it  be 
polygonal  and  rectangular  and  with  the  least  possible  number  of 
sides.  A  rectangular  parallelogram  shall  be  considered  the  most 
perfect  and  preferable. 

The  engineer  shall  prepare  two  topographical  plans  of  the  land  that 
is  to  be  developed,  one  of  which  shall  be  included  in  the  proceedings 
and  the  other  shall  be  delivered  to  the  person  interested.  These  plans, 
shall  clearly  show  the  limits  of  the  ground  granted  for  development, 
fixing  the  starting  point. 

If,  when  the  land  is  surveyed,  there  should  result  some  differences 
in  the  land  included  in  its  perimeter  and  that  which  was  the  object  of 
the  appraisal,  indemnity,  and  bond,  the  appraisal  shall  be  corrected 
by  the  same  experts  if  possible,  or  otherwise  by  others,  selected  in  the 
same  manner  as  the  former  ones.  Until  the  corrections  have  been 
made,  and  the  payments  also,  if  the  concessioner  should  make  any, 
or  until  the  amount  thereof  has  been.deposited  in  the  manner  estab- 
lished in  the  following  article,  work  can  not  be  commenced. 

ART.  7.  When  any  of  the  parties  fails  to  appoint  an  expert,  the 
civil  governor  or  head  of  the  district  shall  do  so  in  his  default. 

The  survey  shall  not  be  suspended,  nor  shall  obstacles  be  placed  in 
the  way  of  the  labors  necessary  for  the  development,  by  reason  of  the 
disagreement  of  the  interested  parties  with  the  appraisals  of  the  two 


30       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

c 

experts,  or  with  that  of  a  third,  in  case  of  the  disagreement  of  the 
other  two. 

When  this  occurs,  the  individual  to  whom  the  authorization  to 
develop  has  been  granted  shall  deposit  in  the  general  treasury  for 
deposits  in  Manila,  or  in  the  administration  of  the  proper  province, 
the  appraised  value  of  the  indemnities,  with  the  increase  to  which 
reference  is  made  in  article  5  of  the  royal  decree,  the  payment  of 
the  amounts  which  correspond  to  the  indemnities  being  reserved 
until  the  appeals  entered  by  the  parties  have  been  decided  in  due  form, 
in  accordance  with  the  provisions  contained  in  article  95  of  these 
regulations. 

ART.  8.  The  forfeiture  of  the  authorization,  if  the  concessioner 
should  allow  one  year  to  elapse  without  developing  the  substances 
referred  to  in  articles  3  and  4  of  the  royal  decree  in  order  to  comply 
with  article  5,  shall  be  officially  declared  or  at  the  instance  of  a  party 
by  the  civil  governor  or  head  of  the  district.  There  shall  be  consid- 
ered as  parties  for  the  purpose  of  requesting  a  declaration  of  forfei- 
ture the  owner  of  the  land,  as  well  as  any  other  interested  persons 
who,  with  his  consent  or  without  it,  desire  to  develop  said  substances 
in  the  same  site  or  place. 

From  the  declarations  which  may  be  made  by  the  civil  governor  or 
head  of  the  district  in  proceedings  for  forfeiture  of  authorization  an 
appeal  lies  to  the  governor-general;  but  against  this  resolution  of 
the  Government,  in  which  shall  be  first  heard  the  proper  section  of 
the  council  of  administration,  there  is  no  subsequent  remedy. 

ART.  9.  Proceedings  for  permission  to  work  auriferous  and  stan- 
niferous sands  or  other  mineral  products  of  rivers  and  placers,  when 
they  are  to  be  worked  in  fixed  establishments  and  form  mining 
claims,  may  be  instituted  without  the  construction  of  the  reduction 
works  being  required  before  the  petition  is  made,  it  being  sufficient 
that  the  works  be  commenced  within  a  period  of  one  month,  counted 
from  the  date  on  which  said  petition  was  presented. 

Nevertheless,  the  concession  can  not  be  granted,  neither  can  the 
proceedings  be  definitely  approved,  until  it  is  proven  within  the  period 
fixed  by  the  governor-general  in  each  case  that  the  reduction  works 
have  been  concluded,  or  at  least  ready  to  begin  their  labors. 

ART.  10.  In  cases  where  the  treatment  of  iron  demands  as  prime 
material  the  ferruginous  earths  referred  to  in  article  7  of  the  royal 
decree  the  proceedings  shall  be  instituted  immediately  as  all  others 
in  which  a  concession  of  mining  claims  is  desired  without  it  being 
necessary  to  prove  the  existence  of  fixed  reduction  works,  nor  for  the 
explorers  to  build  them,  being  considered  in  this  case  under  similar 
conditions  as  concessioners  of  mines  where  the  substances  enumer- 
ated in  article  1  of  the  royal  decree  are  found. 


MINING   LAW   AND   REGULATIONS   IN   THE    PHILIPPINES.        31 

CHAPTER  II. — Trial  pits. 

ART.  11.  The  privilege  of  making  diggings,  called  trial  pits,  in  order 
to  discover  minerals,  granted  by  article  8  of  the  royal  decree,  when 
the  lands  should  not  be  destined  to  cultivation,  shall  be  extended 
under  similar  conditions  to  the  lands  described,  whether  they  belong 
to  the  State  or  to  the  towns  or  are  private  property. 

ART.  12.  When  the  owner  of  the  land  should  refuse  permission  for 
these  works  to  be  done,  the  explorer  may  request  it  of  the  civil  gov- 
ernor or  head  of  the  district,  and  the  said  authority  may  grant  it  in 
the  manner  prescribed  in  article  17  of  these  regulations. 

ART.  13.  The  petitions  which  may  be  presented  to  the  civil  governor 
or  head  of  the  district  in  cases  in  which  authorization  is  desired  to 
dig  trial  pits  in  nonirrigated  lands  containing  trees,  or  which  are 
destined  to  pasture  or  tillage,  when  the  owner  or  his  representative 
has  refused  his  consent,  or  two  months  should  have  passed  without 
granting  it,  immediate  notice  shall  be  given  to  the  owner  and  a  period 
of  thirty  days  shall  be  granted  him  in  which  to  state  the  reasons  for 
his  refusal  or  silence.  When  this  period  shall  have  elapsed  without 
any  reply  it  shall  be  considered  that  he  renounces  his  right  to  be  heard 
granted  him  by  article  9  of  the  royal  decree.  The  petitions  shall  be 
drafted  according  to  Form  No.  1,  with  the  proper  changes. 

ART.  14.  From  the  decision  of  the  civil  governor  or  head  of  the  dis- 
trict refusing  or  granting  authority  to  dig  trial  pits,  which  are  referred 
to  in  article  9  of  the  royal  decree,  an  appeal  lies  through  the  said 
authority  to  the  governor-general ;  but  the  decision  of  the  latter  shall 
be  final,  without  further  remedy. 

ART.  15.  Those  who  request  permission  of  the  owner  of  the  land  to 
dig  trial  pits,  in  the  cases  referred  to  in  articles  9  and  10  of  the  royal 
decree,  shall  inform  the  civil  governor  or  head  of  the  district  within 
whose  district  the  trial  pit  is  situated.  The  civil  governor  or  head  of 
the  district  shall  make  a  memorandum  in  writing  on  said  communica- 
tion of  the  date  of  its  presentation,  clearly  written  out,  and  shall 
deliver  to  the  person  interested  who  signed  it,  or  to  his  legal  and 
accredited  representative,  a  receipt,  which  shall.be  proof  of  the  proper 
notice  having  been  given  to  the  said  authority. 

ART.  16.  In  order  to  obtain  a  mining  property  or  concession,  in  no 
case  can  priority  be  alleged  which  is  based  on  the  dates  of  the  peti- 
tions to  dig  trial  pits  or  on  the  dates  of  their  presentation  or  on  the  evi- 
dence of  witnesses,  or  of  any  other  character  with  which  it  is  attempted 
to  prove  the  time  when  the  trial  pit  was  dug,  even  though  lands  in 
which  exploration  is  declared  free  by  the  royal  decree  should  be  in 
question. 

ART.  17.  The  owners  of  lands,  whether  uncultivated  or  not  irri- 
gated, which  contain  trees  or  vineyards,  or  are  destined  to  pasture  or 
tillage,  whether  used  as  gardens,  orchards,  cane  fields,  or  any  other 


32       MINING    LAW    AND    REGULATIONS    IN   THE    PHILIPPINES. 

irrigated  estate,  shall  always  have  the  right  to  demand  of  the  explorer 
that  he  first  give  a  bond  to  cover  any  indemnity  for  damage  which 
the  trial  pit  may  occasion. 

The  indemnity,  when  not  determined  by  mutual  agreement,  shall  be 
fixed  by  experts  named  by  the  parties,  and,  in  case  of  disagreement, 
by  a  third  named  by  the  civil  governor  or  head  of  the  district  at  the 
time  the  interested  persons  appoint  their  experts.  For  this  purpose 
they  shall  give  due  notice  to  said  authority  of  the  appointment  made 
and  the  latter  shall  immediately  notify  them  of  the  appointment  of  the 
referee. 

When  the  parties  can  not  agree  on  the  bond  that  is  to  guarantee 
the  indemnities,  the  civil  governor  or  head  of  the  district  shall  deter- 
mine the  amount  thereof. 

He  shall  also  fix  the  bond  when  the  lack  of  consent  or  the  refusal 
of  the  owner  to  dig  trial  pits  on  land  belonging  to  him,  of  the  char- 
acter mentioned  in  the  cases  referred  to  in  articles  8  and  9  of  the 
royal  decree,  is  supplied  by  the  permission  of  said  official. 

ART.  18.  If  the  parties  interested  in  the  case  referred  to  in  the 
foregoing  article  should  not  agree  to  the  appraisement  of  the  indem- 
nity, the  proceedings  shall  be  by  analogy  according  to  the  provisions 
contained  in  article  7  of  these  regulations,  with  regard  to  the  author- 
ization to  develop  mineral  substances  referred  to  in  article  3  of  the 
royal  decree. 

ART.  19.  The  distances  of  40  and  1,400  meters  required  by  article  12 
of  the  royal  decree  to  dig  trial  pits  or  make  other  mining  workings  in  the 
cases,  and  under  the  circumstances  therein  mentioned  shall  be  meas- 
ured in  buildings  from  the  outer  walls  or  fences ;  in  railways,  from 
the  lower  line  of  the  embankment,  from  the  upper  line  of  the  cuts, 
and  from  the  outside  line  of  the  side  ditches,  and,  in  the  absence  of 
any  of  these,  from  a  line  drawn  1^  meters  from  the  outside  rail  of  the 
road ;  in  wagon  roads,  in  the  same  manner  as  for  railways,  with  the 
difference  that  in  the  absence  of  side  ditches  the  measurements  shall 
be  from  a  line  drawn  1  meter  from  the  beaten  road ;  in  canals,  from 
the  outside  line  of  the  towpath;  in  fountains,  from  the  outside  part 
of  the  basin,  should  there  be  one,  or  from  the  place  where  the  waters 
are  deposited;  in  watering  troughs  and  other  public  easements,  from 
the  outside  line  nearest  the  mining  works;  and,  finally,  in  fortified 
places,  from  the  defensive  works  which  are  most  advanced  and  near- 
est to  the  site  on  which  the  mining  works  are  to  be  executed. 

ART.  20.  The  petitions  for  permission  to  make  mining  labors  at  a 
lesser  distance  than  those  fixed  in  the  foregoing  article  shall  be 
addressed  through  the  civil  governor  or  chief  of  the  district  to  the 
governor- general  or  captain-general,  the  proper  proceedings  being 
instituted  in  either  case,  with  a  hearing  of  the  mining  engineer  who 
is  to  report  thereon  and  of  the  council  of  administration  if  public 
services  or  easements  are  in  question.  If  the  latter  consist  of  canals 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        33 

or  roads,  the  proper  engineer  of  this  branch  of  the  service  must  also 
make  a  report. 

If  the  permission  requested  should  be  refused,  whether  by  the 
governor-general  or  by  the  captain-general  or  by  the  owner  of  build- 
ings of  private  ownership,  it  shall  be  considered  definite  without 
further  remedy. 

It  is  not  necessary  for  this  permission  to  be  requested  for  the  insti- 
tution of  mining  proceedings,  even  though  said  roads,  buildings,  or 
easements  are  situated  within  the  claims  requested,  provided  that 
the  works  done,  or  which  it  is  intended  to  perform,  are  situated  at  a 
greater  distance  than  that  indicated. 

In  the  latter  case  the  proceedings  shall  pursue  their  ordinary 
course,  the  engineers  stipulating  the  special  conditions  which  they 
may  consider  proper,  in  order  that  when  the  concessions  are  granted 
by  the  governor-general  he  may  issue  the  proper  orders. 

CHAPTER  III. — Mining  claims. 

ART.  21.  The  engineers  who  visit  regions  where  mines  are  devel- 
oped and  those  who  make  surveys  shall  take  care  to  examine  if 
between  the  claims  already  granted  by  the  State  there  are  bands  or 
spaces  unappropriated  not  of  sufficient  area  to  form  claims  according 
to  articles  13  and  14  of  the  royal  decree;  and  in  either  case,  and 
whenever  by  other  means  they  have  knowledge  of  such  facts,  they 
shall  advise  the  civil  governor  or  chief  of  the  district  thereof.  The 
latter,  considering  the  lands  as  a  surplus,  according  to  article  15  of 
said  royal  decree,  within  a  period  of  forty  days,  counted  from  the 
date  on  which  they  received  the  report  of  the  engineers,  shall  begin 
to  institute  proceedings  for  award.  The  report  shall  be  accompanied 
with  a  topographical  plan  of  the  claims  between  which  lie  the 
unclaimed  bands  or  spaces  not  large  enough  to  form  incomplete 
claims ;  and  in  view  thereof  the  civil  governor  or  chief  of  the  district 
shall  order  that  the  owner  of  the  oldest  adjacent  mines  be  notified  in 
order  that  he  majr  declare  whether  he  accepts  or  not  the  land  which 
can  be  awarded  to  him  as  a  surplus.  In  this  case,  as  well  as  when 
the  land  exceeds  two-thirds  of  a  complete  claim  of  its  class,  the 
notification  requesting  a  statement  of  the  acceptance  or  refusal  of 
the  surplus  shall  be  sent  to  the  other  adjacent  owners,  being  pub- 
lished in  the  official  paper  or  on  the  notification  boards  of  the  offices 
of  the  civil  governors  or  chiefs  of  the  districts. 

Objections  shall  be  presented  within  a  period  of  one  hundred  and 
twenty  days,  and  both  the  owner  of  the  oldest  mine,  as  well  as  the 
others  who  by  order  of  priority  may  have  a  right  to  the  award  of  all 
or  a  part  of  the  surplus,  within  the  same  period  shall  notify  the  civil 
governor  or  chief  of  the  district  whether  they  renounce  or  accept  the 
same.  After  the  time  fixed  shall  have  passed,  their  silence  shall  be 
interpreted  as  proof  of  their  acceptance. 
3082 3 


34       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 


'. 


The  one  hundred  and  twenty  days  having  elapsed,  the  civil  gov- 
ernor or  chief  of  the  district,  without  any  postponement  of  any  kind 
whatsoever,  shall  make  the  award  and  order  the  surve}7,  and  the 
proceedings  shall  be  forwarded  to  the  governor-general  with  the 
written  objections  for  the  proper  action,  there  being  observed  in  all 
that  is  not  specially  provided  for  in  this  article  what  is  prescribed  for 
proceedings  relating  to  complete  claims. 

Notice  shall  be  given  of  the  receipt  of  the  reports  and  plans  which 
the  engineers  forward  for  the  purposes  of  this  article,  the  date  of 
their  presentation  being  noted  in  the  offices  of  the  civil  governor  or 
chief  of  the  district  in  the  same  manner  as  the  presentation  of  peti- 
tions. From  this  date  shall  be  counted  the  period  of  the  forty  days 
required  by  the  first  paragraph. 

ART.  22.  The  owners  of  the  mines  adjacent  to  the  surplus  lands  may 
also  request  the  award  of  the  same,  subjecting  themselves  to  the  order 
of  preference  fixed  by  the  royal  decree;  but  they  shall  not  be  granted 
unless  preceded  by  an  examination  and  report  of  the  proper  engineer 
and  the  formation  of  the  topographical  plan  to  which  reference  is 
made  in  the  foregoing  article. 

As  soon  as  the  petition  is  presented  the  civil  governor  or  chief  of 
the  district  shall  order  that  the  engineer  make  an  examination,  pre- 
pare the  topographical  plan  of  the  claims  between  which  are  situated 
the  unappropriated  bands  or  spaces,  and  make  a  report  within  a 
period  of  six  months,  counted  from  the  date  on  which  they  acknowledge 
the  receipt  of  the  order  of  said  authority. 

When  these  formalities  have  been  complied  with  the  proper  notifi- 
cations shall  be  given,  and  the  proceedings  shall  pursue  the  regular 
course,  subject  to  the  rules  prescribed  in  article  21  for  de  oficio 
awards. 

ART.  23.  In  all  cases  of  surplus  lands,  if  they  should  not  be  ex- 
pressly renounced  by  the  owners  of  the  adjacent  mines,  they  must  be 
awarded  before  two  years  have  elapsed  from  the  date  of  the  concession 
of  the  latest  mining  claim  situated  within  the  perimeter  of  the  free 
space  between  three  or  more  claims,  or  which  forms  between  two 
claims  the  band  referred  to  in  articles  14  and  15  of  the  royal  decree. 

ART.  24.  For  the  survey  and  concession  of  incomplete  claims  and 
surplus  lands,  the  following  rules  shall  be  observed: 

1.  Whenever  between  mines  surveyed  or  being  explored  there 
should  be  enough  free  land  in  which  to  locate  a  complete  claim,  an 
incomplete  one  can  not  be  surveyed;  the  complete  claim  must  be 
preferred  according  to  the  royal  decree,  by  reason  of  its  being  the 
unity  of  a  concession. 

•2.  In  spaces  which  are  not  complete  inclosed  by  mines  or  explora- 
tions, no  incomplete  claim  shall  be  surveyed  if  it  should  be  necessary 
therefor  to  take  free  land  outside  of  this  space  which  would  after- 
wards prevent  the  location  of  other  complete  claims,  and  in  such  case 
the  intervening  space  shall  be  considered  as  surplus  land. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        35 

3.  Even  though  there  should  be  in  a  free  space  surrounded  by  other 
concessions  or  permissions  to  explore  sufficient  area  to  locate  two 
incomplete  claims  or  one  complete  claim,  the  latter  shall  always  be 
surveyed,  the  remaining  land  remaining  as  surplus  land. 

4.  If  the  free  land,  even  though  having  a  larger  area  than  a  com- 
plete claim,  should  not  have  a  length  of  300  or  500  meters,  which 
is  respectively  required  by  article  14  of  the  royal  decree,  according 
to  the  class  of  claim,  two  incomplete  adjoining  claims  may  be  sur- 
veyed in  such  manner  that  each  have  at  least  an  area  of  40,000  or 
100,000^  square  meters  and  less  than  60,000  or  150,000,  as  the  case 
may  be. 

5.  The  intervening  free  spaces  which  do  not  have  an  area  of  at 
least  40,000  or  100,000  square  meters,  according  to  the  cases,  or  which 
if  they  have  a  greater  area  do  not  have  the  circumstances  mentioned 
in  article  14  of  the  royal  decree,  shall  be  considered  as  surplus  lands. 

6.  When  between  surveyed  claims  there  should  be  a  band  of  free 
land,  the  width  of  which  is  less  than  200  or  300  meters,  according  to 
the  class  of  the  claim,  adjoining  incomplete  claims  may  be  surveyed. 

7.  If  between  surveyed  claims  there  should  be  old  mines  whose  for- 
feiture, abandonment,  or  renunciation  has  already  been  declared  or 
carried  out,  such  lands  shall  be  considered  as  incomplete  claims  or 
surplus  lands,  according  to  the  provisions  of  the  foregoing  rules. 

8.  Only  in  case  that  in  consequence  of  a  registry,  a  declaration  of 
forfeiture  should  be  requested,  when  it  has  not  already  been  declared 
and  after  having  been  finally  ordered,  the  civil  governor  or  chief  of 
the  district  shall  declare  said  land  as  open  to  registry,  can  the  original 
claim  reappear,  in  accordance  with  article  69  of  the  royal  decree,  in 
favor  of  the  denouncer  as  a  special  favor  granted  him  by  the  royal 
decree  by  reason  of  his  denunciation. 

ART.  25.  Each  set  of  proceedings  instituted  with  reference  to  mines 
can  embrace  only  the  number  of  claims  that  a  single  petition  can 
contain  according  to  the  cases  referred  to  in  article  16  of  the  royal 
decree.  The  only  exceptions  are  the  petitions  of  mining  groups, 
which  may  be  made  in  the  manner  designated  in  article  50  of  these 
regulations. 

To  the  petitions  made  in  the  name  of  general  or  special  partner- 
ships and  corporations,  and  also  of  special  mining  companies  when 
legally  established,  shall  be  attached  the  articles  of  partnership  or 
corporation  or  a  certified  copy  thereof,  proving  its  social  existence. 

ART.  26.  If  the  registry  should  relate  to  a  deposit  or  patch  of  turf 
that  does  not  reach  the  size  of  an  incomplete  claim  of  its  class,  a 
plan  thereof  may  be  made  in  the  form  of  a  rectangle,  inclosing  or 
including  the  deposit.  The  concession  shall  be  limited  to  this  place, 
there  being  observed  in  its  grant  the  prescriptions  issued  for  others 
of  its  kind. 

When  it  is  proposed  to  develop  various  small  patches  of  turf  they 
shall  be  requested  and  indicated  in  one  petition  for  registry,  all  those 


36        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

existiDg  in  the  space  of  four  contiguous  claims  of  the  dimensions 
mentioned  in  the  second  paragraph  of  article  13  of  the  royal  decree, 
or  in  double  that  space  if  a  company  should  claim  it,  without  preju- 
dice to  the  survey  of  each  patch  by  itself  when  proper,  forming  a 
rectangle  large  enough  to  inclose  or  surround  it  entirely. 

In  the  topographical  plan  each  patch  shall  be  distinctly  marked 
according  to  its  situation,  and  in  the  minutes  of  the  examination  and 
survey  its  superficial  area  shall  be  mentioned,  as  also  the  number  of 
square  meters  of  all  the  patches  which  may  be  the  object  of  the  con- 
cession. This  shall  be  limited  to  the  spaces  surveyed,  and  the  con- 
cessioners shall  pay  the  surface  tax  corresponding  to  the  said  spaces 
according  to  the  second,  fourth,  and  eighth  paragraphs  of  article  76 
of  the  royal  decree. 

In  order  to  consider  these  concessions  as  duly  worked  it  will  be  suf- 
ficient that  they  have  the  number  of  laborers  corresponding  to  the 
spaces  of  one  or  more  claims  originally  designated,  the  intermediate 
spaces  remaining  free  for  mining  claims  of  other  kinds. 

ART.  27.  In  order  to  separate  two  or  more  claims  that  have  been 
the  object  of  one  concession,  the  proper  proceedings  shall  be  insti- 
tuted, commencing  with  the  petitions  of  the  persons  interested,  then 
hearing  the  proper  mining  engineer,  and  then  being  forwarded  with 
a  report  of  the  civil  governor  or  head  of  the  district  for  the  decision 
of  the  Governor-General.  If  approval  should  be  refused,  a  new  peti- 
tion for  the  separation  of  the  claims  can  not  be  made  unless  the 
causes  for  the  refusal  should  be  modified  either  by  subsequent  devel- 
opment or  by  other  reasons  that  shall  be  weighed  in  each  case  accord- 
ing to  the  attendant  circumstances. 

ART.  28.  When  individuals  or  associations  acquire  by  purchase  or 
in  any  other  legal  manner  any  number  of  mining  claims  already 
granted  by  the  State,  they  shall  notify  the  civil  governor  or  chief  of 
the  district  within  thirty  da}rs  after  their  acquisition,  and  said  author- 
ity shall  inform  the  Governor-General  within  the  period  of  two 
months. 

If  the  purchasing  companies  should  desire  the  increase  of  claims 
which  the  royal  decree  allows,  because  of  the  existence  of  unclaimed 
land,  the  proceedings  shall  be  instituted  and  carried  on  in  the 
manner  established  as  a  general  rule  for  registries  and  ordinary 
concessions. 

When  individuals  or  companies,  in  the  manner  indicated  in  the 
first  paragraph  of  this  article,  should  acquire  mining  claims  not  yet 
granted,  the  applications  by  others  for  which  are  pending,  they  shall 
inform  the  civil  governors  or  chiefs  of  the  districts  as  soon  as  possible 
of  the  purchase  or  transfer,  exhibiting  the  public  instrument  proving 
the  same,  and  stating  their  desire  that  the  respective  proceedings 
continue  in  the  name  and  on  behalf  of  the  individuals  or  companies. 
Until  this  is  done  said  authorities  shall  continue  the  prosecution  of  the 


MINING    LAW    AND   BEGULATIONS    IN    THE    PHILIPPINES.        37 

proceedings,  recognizing  as  the  only  legitimate  party  the  one  who 
instituted  and  continued  the  proceedings,  without  a  sale  or  transfer 
duly  proven,  or  the  person  who  may  have  sufficient  judicial  character 
and  personality  for  the  purpose,  proven  before  the  said  authority. 

CHAPTER  IV. — Application  for  mining  claims. 

ART.  29.  The  right  of  preference  for  the  concession  and  ownership 
of  mining  claims  by  reason  of  the  priority  of  the  petition,  to  which 
reference  is  made  in  article  20  of  the  royal  decree,  shall  be  governed 
in  case  of  equality  of  circumstances  by  the  date  of  the  presentation  of 
the  petitions.  When  in  the  petitions  it  is  proposed  to  explore  or 
make  excavations  in  gardens,  cane  fields,  orchards,  or  any  irrigated 
lands,  although  to  present  such  a  petition  the  permission  of  the  owner 
is  not  necessary,  if  he  should  refuse  to  consent  to  the  inauguration  of 
such  works  and  should  make  his  objection  within  the  period  of  three 
months  there  shall'be  no  remedy  or  appeal  of  any  kind  and  the  peti- 
tions shall  be  ignored. 

If  the  owner  of  the  land  indicated  in  this  article,  upon  the  expiration 
of  three  months  after  permission  has  been  requested,  should  not  have 
answered  either  in  the  affirmative  or  in  the  negative,  it  shall  be  under- 
stood that  he  consents  to  the  prosecution  of  the  works.  The  proceedings 
shall  follow  their  course  accordingly,  the  civil  governor  or  chief  of 
the  district  authorizing  the  explorer  or  the  register  to  begin  work, 
upon  giving  a  bond  or  paying  indemnity  in  the  manner  determined  by 
article  11  of  the  royal  decree  and  articles  5,  6,  and  17  of  these  regula- 
tions. 

The  petitions  for  explorations  or  registries  shall  also  be  ignored  if 
permission  be  not  obtained  to  establish  works  at  a  smaller  distance 
than  that  required  by  article  12  of  the  royal  decree  when  it  is  desired 
to  make  them  near  the  buildings,  roads,  public  easements,  and  forti- 
fications mentioned  therein. 

In  all  these  cases,  and  in  the  other  cases  referred  to  in  article  20  of 
the  royal  decree,  the  explorers  or  registers,  in  requesting  permission 
for  the  works,  shall  inform  the  petty  governor  in  whose  district  they 
are  to  be  executed,  according  to  the  procedure  prescribed  in  arti- 
cle 15. 

The  petitions  which  have  for  their  object  the  reduction  of  dis- 
tances, referred  to  in  the  foregoing  paragraph,  shall  be  addressed  to 
the  civil  governor  or  chief  of  the  district,  and  the  provisions  of  article 
20  of  these  regulations  shall  be  applicable  to  them. 

The  persons  interested  shall  also  inform  the  local  authority  of  the 
petitions  which  they  make  to  the  owners  of  orchards,  gardens,  cane 
fields,  and  irrigable  lands  for  permission  to  continue  works  begun 
through  the  land  occupied  by  said  proprietors.  After  three  months 
have  passed  without  obtaining  permission,  or  in  case  permission  is 
refused  before  the  expiration  of  this  period,  the  civil  governor  or  chief 


38       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

of  the  district  may  grant  it,  as  provided  for  in  article  20  of  the 
decree,  after  paying  the  indemnity  and  furnishing  the  bond  men- 
tioned in  article  11,  and  observing  also  the  provisions  of  articles  5, 
7,  and  17  of  these  regulations  with  regard  thereto. 

If  the  civil  governor  or  chief  of  the  district  should  refuse  permis- 
sion, an  appeal  lies  to  the  governor-general,  and  from  the  decisions  of 
the  latter  there  shall  be  no  further  remedy. 

Within  a  period  of  sixty  days,  counted  from  the  presentation  of  any 
petition  for  exploration  or  registry,  when  the  land  is  of  those  in  which 
in  order  to  commence  or  continue  work  the  permission  of  the  owner  is 
necessary,  or,  in  the  absence  of  his  consent,  that  of  the  civil  governor  or 
chief  of  the  district,  the  respective  interested  persons  shall  be  obliged 
to  show  the  consent  or  refusal  of  the  said  owner  of  the  land  for  inclu- 
sion in  the  proceedings,  or  to  declare  in  writing  the  date  in  which 
they  had  asked  for  the  authorization.  If  upon  the  expiration  of  the 
period  indicated  neither  of  the  two  actions  has  been  proven,  it  shall 
be  understood  that  the  prosecution  of  the  proceedings  has  been 
abandoned,  and  the  petition  in  question  for  exploration  or  for  regis- 
try shall  be  ignored. 

ART.  30.  The  period  of  twenty  days  fixed  by  article  21  of  the  royal 
decree  in  which  to  present  the  certificate  of  the  petty  governor  or 
respective  authority,  proving  that  the  ground  petitioned  for  has  been 
marked  off  in  a  distinct  manner,  shall  begin  to  be  computed  in  the 
cases  referred  to  in  the  foregoing  article,  from  the  date  on  which  the 
explorers  or  registers  makfng  the  petition  may  have  obtained  permission 
to  begin  the  works. 

ART.  31.  The  petitions  for  explorations  or  for  registry  shall  be 
drafted  in  accordance  with  Form  No.  2. 

The  plan  may  be  contained  in  the  petition  itself  or  in  a  separate 
document  annexed  thereto,  but  the  simultaneous  presentation  of  both 
documents  shall  not  be  omitted,  nor  shall  petitions  which  do  not  con- 
tain or  include  the  plan  be  accepted. 

ART.  32.  The  explorers  and  registers  shall  furnish  a  plan  of  the 
mining  claims  which  they  request,  indicating  thereon  clearty  and  in 
detail  the  point  where  they  may  have  commenced  or  will  commence 
the  works,  from  which,  and  with  relation  to  the  perimeter  of  the  land 
they  claim,  they  shall  determine  the  boundaries  with  precision,  either 
indicating  points  fixed,  visible,  certain,  arid  known,  showing  in  meters 
the  length  and  breadth  of  the  claims,  so  that  an  exact  rectangle  or 
the  figure  they  are  to  have  may  be  formed,  or  the  direction  both  of 
the  boundaries  as  well  as  the  direction  in  which  the  claim  must  be 
outlined,  for  which  purpose  they  shall  in  like  manner  indicate  the 
length  and  breadth  in  meters. 

When  from  the  surveys  made  by  the  engineer  it  should  appear  that 
neither  the  points  of  reference  nor  the  boundaries  correspond  to  those 
mentioned  in  the  plan,  or  that  the  latter  are  not  the  boundaries,  or 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        39 

that  they  are  situated  from  the  starting  point  of  the  works  double  the 
distance  fixed  in  the  petition  or  respective  document,  the  land  applied 
for  shall  be  considered  as  different  from  that  on  which  the  survey 
was  made,  and  the  plan  shall  be  canceled  and  the  proceedings  closed 
by  order  of  the  civil  governor  or  chief  of  the  district.  From  his  decision 
an  appeal  lies  to  the  governor-general,  who  shall  decide  without 
further  remedy. 

ART.  33.  Upon  the  presentation  of  petitions  for  explorations  or  for 
registry  there  shall  be  noted  thereon,  with  the  full  signature  of  the 
respective  official,  the  hour  and  minute,  and  the  day,  month,  and  year 
of  the  presentation,  all  written  out,  there  being  also  stated  that  there 
have  been  deposited  the  75  escudos  required  by  article  84. 

In  case  the  plan  is  contained  in  a  separate  document  this  fact  shall 
be  noted  in  the  same  memorandum,  another  being  made  on  the  second 
document,  signed  also  by  the  same  official,  to  show  the  simultaneous 
presentation  required  by  article  31  of  these  regulations. 

Immediately  after  these  formalities  the  civil  governor  or  chief  of  the 
district  shall  order  the  admission  of  the  petition,  as  prescribed  in 
article  22  of  the  royal  decree. 

The  ordinal  numbers  of  the  petitions  mentioned  in  the  second  para- 
graph of  the  same  article  shall  be  written  out,  without  erasures  or 
corrections. 

ART.  34.  In  the  office  of  the  civil  governor  or  chief  of  the  district 
there  shall  be  two  books,  one  entitled  "Explorations"  (Investiga- 
ciones)  and  the  other  "Registries"  (Registros),  in  order  to  fulfill  the 
second  paragraph  of  article  22  of  the  royal  decree  in  all  its  parts. 

The  two  books  shall  be  bound  with  leaves  securely  sewn  in,  and 
shall  be  stub  books.  The  civil  governor  or  chief  of  the  district  shall 
rubricate  all  the  leaves  in  such  manner  that  on  both  the  receipt  and 
the  stub  his  rubric  shall  always  appear,  and  all  the  folios  shall  be 
numbered  both  on  the  receipt  and  the  stub. 

Each  book  shall  have  a  separate  alphabetical  index,  in  which  shall 
be  entered  the  names  of  the  explorations  or  claims  petitioned  for,  with 
a  reference  to  the  folio  of  the  book  in  which  the  presentation  of  the 
petition  is  recorded. 

In  the  book  of  "Explorations"  shall  be  entered  the  petitions  pre- 
sented for  said  explorations,  and  also  those  referring  to  general  gal- 
leries for  explorations,  transportation,  and  drainage. 

In  the  book  of  "Registries"  shall  be  entered  the  petitions  for  full 
claims,  partial  claims,  scoriae,  and  dumps,  the  registers  of  mining 
groups,  those  which  have  for  their  object  the  development  of  the  sub- 
stances referred  to  in  articles  4  and  5  of  the  royal  decree,  and  those 
which  refer  to  the  mineral  products  mentioned  in  article  6,  when  they 
are  treated  in  fixed  establishments,  and  those  relating  to  the  permis- 
sion to  dig  trial  pits. 

On  each  one  of  the  leaves  of  both  books,  divided  into  two  parts,  no 


40       MINING    LAW    AND    EEGULATIONS    IN    THE    PHILIPPINES. 

«. 

other  entry  shall  be  made  than  that  which  relates  to  one  petition. 
On  the  left-hand  side  shall  be  clearly  and  fully  recorded  the  name  of 
the  person  interested,  and,  in  a  proper  case,  the  name  of  his  repre- 
sentative, the  object  they  desire,  if  the  plan  is  contained  in  the  peti- 
tion itself  or  in  another  document,  and  the  hour,  minute,  day,  month, 
and  year  of  presentation  written  out.  Following  this  first  entry  shall 
be  recorded  the  principal  steps  until  the  proceedings  are  closed. 

By  principal  steps  shall  be  understood  the  admission  of  the  peti- 
tion, the  publication  of  the  plan,  the  consent  or  refusal  to  dig  trial 
pits,  or  to  prospect  and  develop,  or  to  commence  labors,  the  notice 
that  the  petitioners  have  requested  permission  of  the  owners  of  the 
land,  the  certificates  showing  that  the  land  has  been  marked  off,  the 
notice  of  having  performed  the  legal  work  required,  the  examination 
and  survey,  the  transmission  of  the  proceedings  to  the  governor- 
general,  and  the  concession  or  refusal  in  any  of  the  cases  included 
in  the  royal  decree  and  regulations. 

On  the  right-hand  side  the  official  who  may  have  authenticated  the 
memoranda  in  the  petition  shall,  with  the  counter  signature  of  the 
civil  governor  or  head  of  the  district,  authenticate  the  repetition  of 
the  entry  made  011  the  left-hand  side,  from  which  it  shall  be  separated 
by  being  cut  off  in  order  to  be  delivered  to  the  person  interested  as  a 
receipt. 

No  blank  spaces  shall  be  left  between  the  entries,  which  must  con- 
tinue from  the  left-hand  side  of  the  leaf;  neither  shall  there  be  era- 
sures or  corrections.  If  any  of  the  latter  should  be  necessary,  they 
shall  be  made  good  by  means  of  an  explanatory  note,  viseed  by  the 
civil  governor  or  head  of  the  district,  and  signed  by  the  secretary, 
should  there  be  one. 

In  order  to  preserve  proper  uniformity,  the  books  shall  always  be 
made  in  Manila,  being  forwarded  by  the  governor-general  to  the  civil 
governors  and  chiefs  of  districts  as  they  may  be  called  for.  In  their 
manufacture  form  number  3  shall  be  followed. 

ART.  35.  The  ordinal  number  which,  in  accordance  with  articles  22 
of  the  royal  decree  and  33  of  the  regulations,  it  is  necessary  to  write 
out  in  petitions  for  registry  and  exploration  and  others  which  are 
indicated  in  the  fourth  and  fifth  paragraphs  of  article  34  of  the  regu- 
lations, is  the  number  which  may  have  been  given  the  same  in  the 
respective  stub  book.  With  this  number  each  set  of  proceedings 
shall  bo  distinguished  and  it  shall  be  placed  on  each  wrapper  made 
according  to  form  number  4. 

The  numeration  of  the  stub  books  shall  not  be  begun  anew  overy 
year,  nor  whoii  one  book  is  closed  and  another  begun,  but  shall  always 
!><•  correlative,  without  interruption  in  time  or  in  the  books. 

ART.  30.  Not  only  shall  memoranda  of  the  presentation  of  the  dif- 
ferent petitions  by  the  persons  interested  during  the  course  of  the 
proceedings,  but  also  of  the  transmission  of  the  proceedings  to  the 


MINING    LAW    AND    KEGULATIONS    IN    THE    PHILIPPINES.        41 

engineers,  of  their  return,  of  the  presentation  of  plans  and.  tax  paper 
by  the  parties,  and  of  anything  else  which  may  tend  to  retain  a  record 
of  the  date  of  the  different  steps  and  requisites  in  the  proceedings. 

These  notes  or  memoranda  shall  always  be  drafted  and  signed  by 
the  secretaries  at  the  foot  of  the  paper  and  proper  folio,  and  never 
at  the  margin  of  the  instruments  or  documents. 

ART.  37.  When  proceedings  involving  surplus  lands  are  instituted, 
there  shall  be  recorded  by  means  of  a  memorandum  properly  drafted, 
that  the  mines  surrounding  the  space  in  question  have  already  been 
granted. 

ART.  38.  If  during  the  course  of  proceedings  for  registry  or  explo- 
ration, an  increase  or  extension  of  claims  should  be  requested,  care 
shall  be  taken  not  to  institute  new  proceedings,  but  the  petition  shall 
be  attached  to  the  original  proceedings,  which  shall  thereafter  be 
subject  to  the  procedure  made  necessary  by  the  petition  for  extension 
or  increase  until  it  can  be  decided  as  a  single  case. 

The  consequence  hereof  is  that  although  there  must  be  attached 
to  the  petitions  for  increase  or  extension  the  amount  fixed  by  the 
regulations  for  the  new  expenses  which  may  arise,  it  is  not  necessary 
that  they  be  recorded  in  the  stub  book  as  new  registries  or  explora- 
tions, it  being  sufficient  to  enter  them  as  instruments  belonging  to 
the  original  proceedings. 

ART.  39.  Even  in  cases  in  which  it  is  not  necessary  to  attach  to  the 
proceedings  the  edicts  referred  to  in  article  23  of  the  royal  decree  and 
others  referred  to  therein,  it  must  be  recorded  that  the  public  has 
had  access  thereto  for  the  time  and  in  the  manner  prescribed  by  the 
royal  decree.  The  proper  memorandum  must  also  be  drafted  of  any 
announcements  or  notifications  made  through  the  official  papers, 
without  prejudice  to  attaching  the  latter  to  the  proceedings. 

ART.  40.  Taking  into  consideration  the  provisions  contained  in 
article  34  of  these  regulations,  the  two  books  mentioned  therein  are 
the  only  ones  which  are  obligatory;  but  this  provision  does  not  pre- 
vent the  civil  governors  or  heads  of  districts  from  keeping  in  addition 
any  other  books  which  they  may  consider  proper  for  a  better  order  in 
the  office. 

Care  must  be  taken  to  strictly  comply  with  the  provisions  of  said 
article  relating  to  the  recording  of  the  principal  steps  or  entries  to  be 
made  in  the  two  stub  books. 

ART.  41.  In  making  a  petition  for  a  registry,  exploration,  scoria,  or 
dump,  general  gallery  for  exploration,  transportation,  or  drainage, 
and  authorizations  to  develop  the  substances  referred  to  in  article  3 
of  the  royal  decree,  the  persons  interested  shall  give  a  name  to  the 
mine,  working,  or  object  of  their  petition. 

The  civil  governors  or  heads  of  districts  without  further  appeal, 
shall  refuse  to  accept  any  name  which  might  be  offensive  or  ill  sound- 
ing, considered  morally  or  civilly,  obliging  the  petitioners  to  select 
other  names  not  having  these  drawbacks. 


42        MINING    LAW    AND    REGULATIONS    IN   THE    PHILIPPINES. 

• 

ART.  42.  In  the  cases  referred  to  in  article  29  of  these  regulations 
the  periods  fixed  by  articles  23  and  24  of  the  royal  decree  for  the 
publication  of  the  exploration  or  registry  and  in  which  to  make  objec- 
tions shall  be  counted  from  the  date  011  which  permission  to  begin 
work  was  obtained  from  the  owner  of  the  land  or  from  the  civil 
governor  or  chief  of  the  district. 

Said  authority  shall  not  order  the  admission  of  the  petitions  in  the 
manner  prescribed  by  article  22  of  the  royal  decree  before  the  said 
permission  has  been  obtained  from  the  owner  or  unless  it  has  been 
granted  according  to  the  said  article  29  of  the  regulations;  but  upon 
the  expiration  of  the  periods  referred  to  in  the  latter,  which  can  not 
be  extended,  the  civil  governor  or  chief  of  the  district  shall,  without 
delay  or  postponement  of  any  kind  whatsoever,  order  the  admission, 
fulfilling  all  that  is  prescribed  in  the  royal  decree  with  regard  to  the 
first  steps  and  formalities  of  the  case. 

ART.  43.  The  period  required  by  article  25  of  the  royal  decree  in 
which  the  civil  governor  or  head  of  the  district  shall  render  his  deci- 
sion with  regard  to  petitions  for  explorations  shall  be  counted  in  the 
same  manner  as  prescribed  in  the  foregoing  article  for  the  cases 
included  therein. 

ART.  44.  The  permission  granted  by  civil  governors  or  heads  of 
districts  to  make  explorations  shall  be  for  the  period  of  two  years 
prescribed  by  article  27  of  the  royal  decree,  provided  that  during  that 
time  the  persons  interested  comply  with  the  conditions  imposed  by 
the  same  and  fulfill  the  formalities  required. 

If  upon  the  termination  of  this  period  the  exploration  is  being  con- 
tinued at  a  great  depth,  the  governor-general,  in  view  of  the  reports 
of  the  engineer  and  of  the  civil  governor  or  chief  of  the  district,  may 
extend  the  permission  for  another  two  years,  provided  the  explorers 
request  said  extension  before  the  expiration  of  the  first  term. 

The  permission  granted  to  make  explorations  shall  not  serve  to 
authorize  the  free  disposal  of  the  minerals. 

At  any  time  that  mineral  is  discovered  and  the  legal  labor  may  be 
executed,  as  prescribed  in  articles  30  and  65  of  the  royal  decree,  the 
explorers  shall  request  a  survey  and  concession,  the  proceedings 
being  instituted  in  the  same  manner  as  for  registries. 

ART.  45.  If  a  petition  for  exploration  or  registry  is  admitted  the 
same  day  on  which  it  is  presented,  the  period  of  four  months  in 
which  to  perform  the  legal  work  of  10  meters  shall  be  counted  in  the 
manner  mentioned  in  article  28  of  the  royal  decree ;  but  in  the  cases 
referred  to  in  articles  29,  42,  and  43  of  these  regulations  it  shall  be 
counted  from  the  day  following  that  of  the  notification  of  the  decree 
of  admission  issued  by  the  civil  governor  or  chief  of  the  district. 

Before  the  expiration  of  said  period  the  persons  interested  or  their 
representatives  shall  forward  to  the  proper  civil  governor  or  chief  of 
the  district  a  document  informing  them  that  the  legal  labor  has  been 
performed  and  in  what  manner. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        43 

The  filing  of  this  notice  shall  be  entered  in  the  proper  book  and  a 
receipt  therefor  shall  be  issued,  vised  by  the  civil  governor  or  head 
of  the  district  and  signed  by  the  secretary,  where  there  is  one. 

In  case  that  a  register  should  desire  to  convert  his  exploration  into 
a  registry,  in  accordance  with  the  privilege  granted  him  by  article  28 
of  the  royal  decree,  if  the  registry  should  comprise  more  than  two 
claims  and  he  should  desire  to  retain  them  for  exploration,  he  shall 
submit  separately,  upon  requesting  the  conversion,  as  many  petitions 
as  may  be  necessary,  in  order  that  in  every  proceeding  for  explora- 
tion not  more  than  two  claims  shall  be  included,  in  accordance  with 
the  provisions  contained  in  articles  17  and  21  of  the  royal  decree. 

ART.  46.  Mining  proceedings  shall  be  composed  of  the  original 
documents  and  never  of  copies  more  or  less  authenticated.  For  this 
purpose  there  shall  be  attached  the  original  requests,  petitions, 
appeals,  decrees,  rulings,  reports,  notifications,  and  documents  relat- 
ing to  said  proceedings,  and  the  greatest  order  shall  be  observed 
arranging  them  clearly  and  correlatively.  The  foliation  shall  be  by 
sheets ;  they  shall  be  rubricated  by  the  secretary,  and  in  his  absence 
by  the  civil  governor  or  head  of  the  district,  and  it  shall  be  specially 
observed  that  the  acts  appear  in  the  successive  order  in  which  they 
take  place,  and  that  no  action  of  a  subsequent  date  be  drafted  or 
entered  on  the  margins  of  the  documents,  nor  that  one  be  entered 
before  another  act  which  preceded  it. 

The  blank  spaces  which  will  inevitably  occur  in  some  folios,  includ- 
ing the  petitions,  shall  be  crossed  whenever  they  occur. 

Only  in  case  that  the  decision  rendered  in  proceedings  should  affect 
those  objecting,  shall  a  copy  of  the  original  decree  rendered  therein  be 
forwarded  to  the  objecting  parties  in  the  shape  of  a  certificate  vised 
by  the  proper  authority. 

ART.  47.  At  the  end  of  every  set  of  proceedings,  whether  of  those 
closed  by  the  decision  of  the  civil  governors  or  heads  of  districts,  or 
whether  forwarded  for  the  action  of  the  governor-general,  there  shall 
be  entered  by  the  secretary,  and  in  his  absence  by  the  civil  governor 
or  head  of  the  district,  a  memorandum  of  the  folios  contained  in  the 
same,  that  the  blank  spaces  have  been  crossed,  and  any  other  circum- 
stances which  appear  advisable  and  expedient.  The  memorandum 
shall  be  written  out  without  containing  any  figures  whatsoever. 

ART.  48.  All  proceedings  may  be  prosecuted  by  the  persons  inter- 
ested or  by  means  of  representatives.  The  latter  shall  be  required  to 
present  their  legal  power  of  attorney,  which  shall  be  included  in  the 
record. 

The  person  interested,  or  his  representative,  must  reside  in  the  capi- 
tal or  seat  in  which  the  proceedings  are  prosecuted,  and  the  adminis- 
tration shall  communicate  with  them  with  regard  to  the  action  to  be 
taken  and  the  notifications  to  be  made. 

When  for  any  reason  whatsoever  he  may  have  absented  himself 
from  the  capital  or  seat,  or  when  the  person  interested,  or  his  repre- 


44       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

V 

sentative,  does  not  reside  therein,  the  notification  shall  be  made 
through  the  official  newspapers  or  announcement  board,  the  copy 
containing  the  same  being  included  in  the  proceedings,  which  shall 
produce  the  same  legal  effects  as  a  notification  in  person. 

ART.  49.  In  order  that  the  legal  labor  may  show  the  existence  of 
the  mineral  Avhich  it  is  desired  to  develop,  it  shall  always  be  per- 
formed within  the  vein,  lode,  or  pocket  discovered  in  regular  seams 
and  in  the  most  advisable  manner  in  irregular  ones,  according  to  their 
shape. 

ART.  50.  Any  individual  or  association  which  is  legally  established 
may  request  the  concession  of  a  large  mining  group,  for  the  purposes 
of  exploration  as  well  as  registry,  under  the  following  conditions: 

1.  The  mining  group  for  exploration  or  registry  must  contain  20 
claims  at  least  and  not  more  than  60.     These  claims  shall  have  the 
proper  area,  according  to  the  kind  of  mineral. 

2.  There  shall  be  attached  to  the  petition  a  topographical  plan,  as 
exact  as  possible,  made  by  an  engineer  on  a  scale  of  1  to  10,000,  in 
which,  after  fixing  a  starting  point  and  clearly  describing  it,  all  the 
claims  united  shall  be  traced  and  numbered  as  may  be  most  conven- 
ient.   A  report  shall  also  be  presented  in  which  there  shall  be  set  forth, 
from  a  scientific  and  industrial  point  of  view,  the  advisability  and 
advantages  of  granting  the  group  requested. 

3.  Upon  the  presentation  of  the  petition  the  sum  of  25  escudos  shall 
be  deposited  for  each  of  the  claims  which  is  to  form  the  group. 

4.  In  petitions  for  groups  for  exploration  similar  procedure  shall  be 
followed  as  for  petitions  for  ordinary  explorations,  and  in  registries 
of  mining  groups  the  procedure  indicated  for  single  applications  shall 
be  followed,  the  only  difference  being  that  the  legal  labor  is  to  be  per- 
formed at  four  points  of  the  group  situated  at  a  distance  from  each 
other  of  400  meters  at  least  when  the  mines  referred  to  in  the  first 
paragraph  of  article  13  of  the  royal  decree  are  in  question,  and  of  600 
when  mines  mentioned  in  the  second  paragraph  of  the  said  article. 

5.  All  other  rules,  conditions,  and  guaranties  established  in  the 
royal  decree  and  in  these  regulations  for  proceedings  for  explorations 
and  for  registries  are  respectively  applicable  to  these  proceedings  and 
their  prosecution. 

CHAPTER  V. — Surveys  and  concessions  of  property. 

ART.  51.  In  order  to  include  in  the  survey  lands  of  estates  which 
are  included  in  the  case  referred  to  in  article  10  of  the  royal  decree, 
permission  shall  be  requested  of  the  owner  of  the  same;  and  if  within 
two  months  he  should  refuse  permission  or  not  express  himself,  the 
civil  governor  or  head  of  the  district  shall  authorize  the  survey  in  the 
manner  requested,  after  the  proper  bond  and  indemnity,  in  the  terms 
prescribed  by  article  11  of  said  royal  decree  and  articles  5,  7,  and  17 
of  these  regulations. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        45 

The  petition  for  permission  directed  to  the  owner  shall  be  commu- 
nicated to  the  respective  civil  governor  or  head  of  the  district  in  the 
manner  and  with  the  formalities  mentioned  in  articles  14  and  29  of 
these  regulations. 

ART.  52.  The  period  of  four  months  fixed  by  article  30  of  the  royal 
decree  within  which  the  register  is  to  demand  the  survey  shall  be 
counted  in  the  manner  established  in  article  45  of  these  regulations, 
which  relates  to  legal  labor. 

If  the  register  should  allow  said  period  to  elapse  without  requesting 
the  survey,  the  proceedings  shall  be  closed  and  lapse,  as  prescribed 
by  article  65  of  the  royal  decree  in  the  fifth  case. 

The  civil  governors,  or  heads  of  districts,  under  their  strictest  lia- 
bility, shall  take  care  that  at  no  time  within  the  four  months  shall  a 
petition  requesting  the  survey  of  their  respective  registrations  be 
refused,  and  shall  consider  them  presented  and  admitted  as  soon  as 
delivered,  immediately  complying  without  any  excuse  whatsoever 
with  the  provisions  of  article  31  of  the  royal  decree. 

ART.  45.  The  civil  governors,  or  heads  of  districts,  shall  order  that 
the  notifications  referred  to  in  the  third  and  fourth  paragraphs  of 
article  31  of  the  royal  decree  be  made  in  the  seat  of  the  district  if  the 
owners  or  petitioners  of  the  mines,  explorations,  registries,  galleries, 
scoriae,  and  dumps  adjoining  the  survey  to  be  made,  or  the  persons 
who  are  their  legal  representatives,  should  reside  in  said  seat. 

The  originals  of  all  these  notifications  shall  be  included  in  the 
proceedings. 

If  both  should  be  absent  from  the  seat,  instead  of  the  personal 
notification,  an  announcement  shall  be  published  in  the  official  news- 
paper, or  on  the  board  of  announcements,  in  accordance  with  the  pro- 
visions of  article  48  and  the  first  general  provision  of  these  regulations. 
Furthermore,  the  surveys  shall  always  be  announced  beforehand,  as 
required  at  the  end  of  the  said  article  31  of  the  royal  decree,  and  in 
order  to  do  so  a  sufficient  time  in  advance  the  engineers  shall  forward 
at  the  proper  time  the  proper  notices  to  the  civil  governors,  or  heads 
of  districts,  stating  therein  clearly  and  exactly  the  days  within  which 
the  survey  is  to  be  made,  and  those  which  may  be  fixed  for  each  mine, 
or  group  of  mines,  adjoining  or  near  each  other. 

If  neither  the  owners  nor  their  duly  constituted  attorneys  of  mines 
or  registries,  and  those  of  adjoining  mining  Works,  including  explora- 
tions, should  not  attend  the  survey,  the  engineers  shall  summon  the 
respective  foremen  or  persons  in  charge  of  the  works,  mines,  or  regis- 
tries, if  they  should  be  present;  and  this  circumstance,  as  well  as  the 
summons,  and  the  absence  or  presence  of  the  owners,  as  well  as  of 
their  representatives,  including  not  only  those  of  the  mine  to  be  sur- 
veyed, but  also  those  of  the  adjoining  claims,  shall  be  explicitly 
included  in  the  report  of  the  survey. 

If  the  owners  or  persons  interested,  who  may  have  been  notified  in 


46        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

the  seat  of  the  district,  or  who,  being  absent,  must  be  considered  as 
cognizant  of  the  fact  by  the  announcements  in  the  official  newspaper 
or  on  the  board  of  announcements,  should  not  attend  the  act  of  the 
survey,  it  shall  be  considered  that  they  renounce  their  right  to  object 
against  the  results  of  the  same,  this  also  being  understood  if  the  fore- 
men or  persons  in  charge  of  the  works  should  be  absent  and  the  sum- 
mons referred  to  in  this  article  is  not  served  on  them. 

There  shall  not  be  admitted  any  remedies  against  the  survey  but 
protests,  remarks,  and  objections  made  at  the  time  of  the  survey  and 
the  fixing  of  stakes  or  corner  stones. 

ART.  54.  The  surveys  shall  not  be  made  by  the  engineers  when  there 
is  110  undenounced  land,  when  the  legal  work  lias  not  been  performed, 
or  when  the  existence  of  the  mineral  is  not  proven.  In  all  these  cases 
the  proceedings  shall  be  returned  to  the  civil  governor,  or  head  of 
the  district,  appearing  therein  by  means  of  a  memorandum  of  the 
reasons  for  the  return. 

ART.  55.  In  order  to  make  the  survey's,  the  order  of  preference  of 
the  proceedings  with  regard  to  their  priority,  counted  from  the  date 
of  the  presentation  of  the  petitions,  shall  be  observed,  provided  that 
mines  situated  in  the  same  region  are  in  question. 

This  strict  order  shall  be  ignored  only  when  the  distance  and  isola- 
tion of  the  mines  preclude  any  fear  of  causing  damage. 

ART.  56.  Neither  after  the  publication  of  nor  during  the  survey  and 
examination  can  the  persons  interested  change  the  plan  presented 
with  the  petition. 

The  cases  referred  to  in  the  second  paragraph  of  article  32  of  the 
royal  decree  are  excepted;  but  if  in  said  cases  there  should  be  no 
agreement  between  the  engineers  and  the  persons  interested,  the  sur- 
vey shall  be  made  immediately  in  the  manner  decided  upon  by  the 
former,  the  latter  having  the  right  to  appeal  to  the  civil  governor,  or 
head  of  the  district,  for  the  proper  resolution. 

If  the  appeal  should  not  be  taken  within  the  term  of  two  days 
through  the  engineers,  in  order  that  they  may  make  a  report  thereon 
and  forward  it  to  said  authority,  the  surve}7  shall  be  considered  as 
agreed  to. 

ART.  57.  In  making  the  surveys  the  engineers  shall  also  take  care 
to  arrange  them  in  such  manner  that,  without  interfering  with  the 
workings,  they  avoid  asffar  as  possible  free  spaces  or  bands  between 
claims.  For  this  purpose,  and  provided  that  a  third  person  is  not 
injured  thereby,  said  engineers  need  not  confine  themselves  to  the 
plans  made  by  the  persons  interested,  either  with  or  without  their 
consent.  Should  it  be  done  without  their  consent,  the  appeal  referred 
to  at  the  end  of  the  second  paragraph  of  the  foregoing  article  may  be 
taken. 

ART.  58.  The  surveys  shall  be  made  only  l>y  the  proper  engineer, 
without  the  assistance  of  a  clerk.  The  witnesses,  the  persons  inter- 


MIKING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        47 

ested  or  their  representatives,  and  the  owners  or  managers  of  adjoin- 
ing mines  and  mining  works  shall  witness  the  survey;  the  engineer 
shall  make  the  proper  memorandum,  stating  therein  clearly  and 
minutely,  without  omitting  any  circumstance  tending  to  give  a  good 
idea  of  the  ground,  of  the  location  of  the  mine,  of  the  boundary  marks, 
and  relation  to  certain  and  fixed  points  of  the  region  in  which  it  is 
established,  of  the  character  of  the  mineral,  of  its  conformity  with  or 
difference  from  the  samples  submitted,  of  the  form,  thickness,  and 
other  conditions  of  the  vein,  and  of  the  protests,  claims,  and  remarks 
made  by  those  called  to  be  present  at  the  survey,  who  shall  lose  all 
right  to  be  heard  afterwards,  as  prescribed  in  article  53  of  these  regu- 
lations, should  they  not  attend  said  act. 

All  those  attending  who  know  how  to  write  shall  sign  the  memo- 
randum with  the  engineer. 

ART.  59.  Two  topographic  plans  shall  be  prepared  by  the  engi- 
neers of  every  survey,  traced  on  card  paper  or  cloth,  each  accompanied 
by  the  proper  explanation,  which  shall  be  written  on  the  same  page 
which  contains  the  plan.  Both  shall  have  sufficient  margin  to  be 
attached  to  the  proceedings. 

The  scale  of  the  plans  shall  be  of  1  to  5,000;  the  government,  how- 
ever, in  special  cases,  shall  have  power  to  order  that  they  be  made 
on  a  different  scale,  larger  or  smaller,  as  they  may  see  fit. 

For  the  mines  referred  to  in  the  second  paragraph  of  article  13  of 
the  royal  decree,  as  well  as  for  mining  groups,  the  scale  of  the  plans 
shall  be  of  1  to  10,000.  It  shall  be  made  larger,  however,  in  accord- 
ance with  the  general  scale  when  one  or  more  of  claims  of  that  kind 
are  to  appear  in  the  plans  of  the  survey  of  the  ordinary  claims,  and  in 
a  similar  case,  but  inversely,  the  scale  of  the  latter  shall  be  reduced 
to  conform  with  that  of  1  to  10,000. 

The  plans  shall  be  drawn  carefully  and  with  cleanliness,  different 
colored  inks  being  used  in  order  to  secure  greater  clearness,  and  the 
situation  of  the  explorations,  registries,  mining  works,  and  adjoining 
mines  shall  be  indicated,  their  mouths  or  starting  points  being  desig- 
nated whenever  possible. 

The  engineers  and  assistants  in  all  that  relates  to  the  formation  of 
the  plans  shall  observe  the  rules  of  the  royal  order  of  February  25, 
1863,  for  a  proper  uniformity  in  technical  matters. 

ART.  60.  In  order  that  explorers  may  secure  the  survey  referred  to 
in  the  second  paragraph  of  article  35  of  the  royal  decree,  they  must 
have  uncovered  sufficient  mineral  to  make  the  development  possible, 
and  after  presenting  the  proper  petition  in  the  terms  prescribed  in 
the  second  paragraph  of  article  30  of  the  said  royal  decree. 

ART.  61.  Mining  engineers  shall  conform  strictly  to  the  provisions  of 
the  royal  decree  and  to  those  contained  in  these  regulations  with  regard 
to  the  manner  of  making  the  surveys,  drafting  the  memorandum,  and 
making  the  plans  thereof,  and  shall  take  the  greatest  care  in  making 


48        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

», 

the  examinations  and  in  all  the  technical  work  without  omitting  any 
information,  circumstance,  or  notice  tending  to  contribute  at  any 
time  to  a  better  understanding  and  explanation  of  the  questions 
which  may  arise,  in  order  that  the  surveys  as  well  as  the  plans  may 
serve  as  a  basis  and  foundation  of  the  rights  of  the  parties  and  guar- 
antee to  them  their  legality,  avoiding  doubts,  complaints,  and 
objections. 

ART.  02.  The  provisions  contained  in  the  foregoing  articles  for  the 
surveys  of  mining  claims  are  applicable  and  extensive  to  the  survey 
of  large  groups  or  associations  of  mines,  and  to  scoriae,  dumps,  and 
surplus  lands. 

ART.  03.  The  mining  engineers  intrusted  with  the  examinations 
and  surveys  shall  return  to  the  civil  governors  or  heads  of  districts 
the  respective  proceedings  within  the  periods  fixed  in  the  second  para- 
graph of  article  31  of  the  royal  decree,  reducing  to  writing  the  work 
done,  including  the  plans,  and  stating  at  the  same  time  in  a  separate 
communication  the  particular  conditions  which  are  to  be  imposed  on 
those  demanding  the  concession,  in  addition  to  the  general  conditions 
required  by  the  royal  decree  and  regulations. 

ART.  64.  Within  the  term  of  thirty  days,  counted  from  that  following 
that  on  which  the  survey  was  made,  the  persons  interested  or  their 
representatives  shall  deliver  to  the  civil  governor  or  head  of  the  dis- 
trict, in  tax  paper,  the  sum  of  15  escudos  for  each  complete  or  in- 
complete mining  claim  which  may  be  the  object  of  the  proceedings. 
The  same  amount  shall  be  paid  for  every  surplus  and  claim,  scoria, 
or  dump. 

They  shall  furthermore  deliver  within  the  same  period,  and  also  in 
tax  paper,  the  amount  corresponding  to  the  stamped  paper  on  which 
the  title  of  ownership  is  to  be  drafted. 

The  term  of  thirty  days  shall  always  be  counted  from  the  date  of 
the  first  examination  when  the  survey  may  have  been  made,  and  it 
shall  not  be  considered  as  postponed  nor  suspended  either  by  reason 
of  the  engineer  delaying  the  return  of  the  proceedings  or  on  account 
of  the  correction  or  modification  of  the  original  survey,  or  for  any 
other  causes  changing  the  definite  character  which,  as  a  general  rule, 
said  operations  should  have. 

ART.  65.  The  royal  title  of  propertj7  to  mining  claims,  surplus  lands, 
scoriae,  and  dumps  shall  conform  to  form  No.  5. 

One  of  the  plans  shall  always  be  attached  to  the  title,  which  plan 
shall  be  removed  from  the  record,  the  seal  of  the  general  government 
being  affixed  thereto. 

CHAPTER  VI. — General  galleries  for  exploration,  drainage,  and  transportation. 

ART.  66.  No  petition  whatsoever  shall  be  admitted  for  the  driving 
of  a  tunnel  or  gallery  when  it  is  to  cross  lands  occupied  in  whole  or 
in  part  by  mines  granted  or  registered  or  in  course  of  exploration,  if 


MINING    LAW    AND    EEGULATIONS   IN    THE    PHILIPPINES.        49 

certified  copies  of  the  agreements  and  stipulations  referred  to  in  arti- 
cles 40  and  41  of  the  royal  decree  are  not  attached. 

The  petitions  to  drive  general  galleries  for  explorations,  drainage, 
or  transportation  shall  be  drafted  in  accordance  with  form  No.  6,  and 
in  the  plan  accompanying  said  petitions  there  shall  be  determined  the 
situation  of  the  registries  and  mines  of  other  persons  interested  which 
they  might  in  a  proper  case  include. 

ART.  67.  When  the  concession  of  general  galleries  for  exploration, 
drainage,  or  transportation  is  desired,»upon  the  publication  of  the 
surface  plan  in  the  manner  referred  to  in  the  second  paragraph  of 
article  41  of  the  royal  decree,  the  civil  governor  or  head  of  the  district 
shall  order  that  the  proper  personal  notifications  be  made  to  the  per- 
sons interested  and  to  the  owners  of  the  registries  or  mines  which  are 
to  be  included  in  the  space  the  general  gallery  is  to  traverse. 

If  the  persons  interested  or  the  owners  should  have  empowered  any 
attorneys  or  representatives,  the  notification  shall  be  served  on  them. 

When  the  notification  is  to  be  made  on  account  of  the  existence  of 
the  registries  and  mines  referred  to  in  the  foregoing  paragraph,  the 
steps  prescribed  in  article  24  of  the  royal  decree  relating  to  explora- 
tions and  registries  shall  be  observed,  and  what  may  be  proper  of  the 
provisions  of  articles  5,  7,  15,  17,  29,  42,  and  43  of  these  regulations, 
before  the  civil  governor  or  head  of  the  district  forwards  the  pro- 
ceedings to  the  governor-general. 

ART.  68.  The  reservation  of  claims  for  the  constructor  of  a  general 
gallery,  according  to  article  42  of  the  royal  decree,  shall  be  requested 
by  said  constructor  when  he  requests  authorization  to  execute  the 
works,  stating  their  number,  and  designating  and  tracing  them  in  the 
plan.  No  registries  or  explorations  whatsoever  shall  be  permitted  on 
the  ground  they  occupj7  during  the  time  granted  for  the  execution  of 
the  works  of  the  general  gallery,  and  only  when  the  subterranean 
works  clear  them  and  the  constructor  does  not  make  them  the  object 
of  an  exploration  or  registry  shall  the  engineers,  when  visiting  the 
mines  of  the  region,  give  due  notice  to  the  civil  governor  or  head  of 
the  district,  so  that  he  may  order  that  within  the  period  of  thirty 
days  the  constructor  or  his  representative  choose  between  the  institu- 
tion of  the  proper  proceedings  for  exploration  or  registry,  or  make 
a  declaration  that  the  land  is  free,  renouncing  the  claims  as  they  do 
not  suit  him. 

This  declaration  shall  be  made  by  the  civil  governor  or  head  of  the 
district,  when  proper,  fifteen  days  after  the  receipt  of  the  answer  of 
the  constructor,  being  published  in  the  official  newspaper  or  on  the 
board  of  announcements  of  the  seat.  If  the  constructor  should  not 
reply  to  the  intimation  of  the  civil  governor  or  head  of  the  district 
within  a  period  of  thirty  days,  it  shall  be  considered  that  he  renounces 
his  right,  and  the  declaration  shall  be  made  after  the  approval  of  the 
governor-general  without  further  remedy. 
3082—4 


50       MINING    LAW    AND   EEGULATIONS    IN   THE    PHILIPPINES. 

ART.  69.  For  a  variation  of  the  line  or  lines  fixed  in  the  concession 
of  general  galleries  the  proceedings  instituted,  as  prescribed  in  article 
43  of  the  royal  decree,  shall  follow  the  same  course  and  shall  contain 
the  same  formalities  as  the  original  proceedings  of  the  concession. 

ART.  70.  In  case  the  persons  interested  do  not  agree  with  the 
appraisements  referred  to  in  the  second  paragraph  of  article  44  of 
the  royal  decree,  the  proper  action  shall  be  taken  according  to  the 
provisions  contained  in  articles  5  and  7  of  these  regulations. 

ART.  71.  The  governor-general  shall  grant  permission  by  means  of 
decrees  for  the  driving  of  general  galleries,  in  whichs  hall  be  stated 
the  technical  and  any  other  conditions  which  it  may  be  advisable 
to  impose  upon  the  persons,  interested,  according  to  the  cases. 

After  the  decree  granting  permission  to  drive  a  general  gallery  has 
been  received,  the  civil  governor  or  head  of  the  district  shall  order 
that  possession  be  given  at  the  time  and  in  the  manner  prescribed  by 
article  38  of  the  royal  decree. 

CHAPTER  VII. — Concessions  of  dumps  and  scoria;. 

ART.  72.  The  proceedings  which  ma}7  be  instituted  to  obtain  con- 
cessions to  work  dumps  or  scoriae  shall  follow  the  course  prescribed 
in  the  royal  decree  and  what  is  established  in  these  regulations  in 
Chapters  IV  and  V  for  registries. 

ART.  73.  The  preference  allowed  the  owner  of  a  dump  or  scoria  by 
article  48  of  the  royal  decree,  when  a  stranger  requests  permission  to 
work  a  mine  within  its  boundary,  shall  also  be  granted  when  a  regis- 
try or  authority  to  explore  is  requested. 

In  either  case  the  civil  governor  or  head  of  the  district,  upon  the 
presentation  of  the  petition,  shall  order  that  the  proper  notification 
be  made  to  the  concessioner  of  the  dump  or  scoria  or  to  his  repre- 
sentative, and  if,  within  the  period  of  thirty  days  fixed  in  the  royal 
decree,  he  shall  not  have  communicated  his  answer  to  the  civil  gov- 
ernor or  head  of  the  district,  it  shall  be  considered  that  he  renounces 
his  right  of  preference. 

If  the  scoria  or  dump  should  not  be  surveyed  at  the  time  of  the 
presentation  of  the  petition  for  the  registry  or  exploration  of  a  mine, 
the  said  preference  can  not  be  demanded,  nor  shall  the  persons  inter- 
ested in  the  new  claim  enjoy  the  ownership  which  is  granted  them  by 
article  59  of  the  royal  decree.  All  shall  subject  themselves  to  the 
prosecution  of  their  proceedings,  which  must  be  the  object  of  a  con- 
cession when  proper,  without  any  right  of  preference,  provided  that 
when  the  respective  claims  are  worked  the  rules  for  police  and  safety 
already  issued,  or  which  may  subsequently  be  issued,  are  observed. 

CHAPTER  VIII. — General  mining  conditions. 

ART.  74.  Miners  shall  have  the  works  performed  subject  to  the  rules 
governing  the  same,  and  shall  take  care  that  the  mines  are  kept  clean, 
drained,  and  well  ventilated.  All  unsafe  workings  shall  be  considered 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        51 

contrary  to  the  royal  decree,  in  which,  in  addition  to  not  strengthening 
or  securing  the  mine,  subsequent  development  is  rendered  impossible 
and  the  lives  of  the  laborers  endangered. 

The  miners  shall  be  obliged  to  preserve  the  landmarks  or  stakes 
which  may  be  fixed  when  the  claims  are  surveyed,  as  well  as  to 
observe  the  provisions  relative  to  strengthening  and  to  policing  and 
sanitation,  which  are  contained  in  the  regulations  on  these  subjects, 
and  the  rules  which  may  be  prescribed  in  each  particular  case  by  the 
engineers  and  those  issued  exclusively  upon  sanitation  by  the  local 
authorities,  after  an  expert  report. 

The  civil  governors  or  heads  of  districts,  in  view  of  "the  examina- 
tion and  report  of  the  proper  engineer,  shall  fix  in  each  case,  at  the 
instance  of  a  party,  the  period  within  which  the  waters  which  have 
accumulated  in  the  workings  of  a  mine  are  to  be  removed,  observing 
the  greatest  exactness  in  this  matter  and  fixing  the  shortest  periods 
possible,  in  order  to  avoid  the  development  of  one  mine  at  the  expense 
or  to  the  detriment  of  another. 

ART.  75.  For  the  purposes  and  enforcement  of  the  foregoing  article, 
and  for  the  fulfillment  of  the  provisions  contained  in  the  royal  decree 
and  these  regulations,  the  owners  of  one  or  more  mines  and  the  con- 
cessioners of  galleries,  explorations,  dumps,  and  scoriae  shall  keep  a 
bound  book,  folioed  and  rubricated  on  all  its  leaves  by  the  petty 
governor  of  the  district. 

This  book  shall  be  entitled  ' '  Book  of  visits  to  the  mine  (gallery  or 

exploration)  of  —  — ,  situated  in  the  district  of ,"  and  on  the 

first  page  thereof  a  memorandum  shall  be  made  by  the  proper  petty 
governor  or  director,  of  the  folios  composing  the  book. 

ART.  76.  The  engineers,  at  least  once  every  two  years,  if  not  pre- 
vented therefrom  by  more  urgent  requirements  of  the  service,  shall 
make  visits  to  the  mines  and  mining  works  and  shall  enter  in  the 
shape  of  a  memorandum  in  the  book  referred  to  in  the  foregoing 
article  the  condition  in  which  they  find  them  and  the  defects  they 
observe  in  their  workings,  establishing  the  rules  they  may  deem  proper 
with  regard  to  their  method,  as  well  as  with  relation  to  the  policing, 
sanitation,  and  all  that  may  be  necessary  for  the  development  of  the 
industry  and  the  legitimate  benefit  of  the  explorers. 

During  the  said  visits  the  notices  referred  to  in  articles  21  and  68  of 
these  regulations  shall  be  given. 

ART.  77.  In  the  office  of  the  chief  of  each  district  there  shall  also  be 
kept  a  folioed  and  rubricated  book  in  which  to  record  the  visits  to 
mines.  In  this  book  the  communications  sent  by  the  engineers  of  the 
result  of  each  of  the  visits  made,  and  the  rules  or  notices  they  may 
have  entered  in  the  book  of  the  mine  or  other  works  of  this  character 
shall  be  included. 

This  shall  not  prevent  their  informing  the  civil  governors  or  chiefs 
of  districts  of  serious  faults  which  they  may  not  have  been  able  to 
prevent  during  their  official  visits  to  the  mining  region  and  which 


52       MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

should  be  remedied,  or  which  require  discipline  or  punishment,  accord- 
ing to  the  provisions  of  the  royal  decree. 

ART.  78.  The  mining  labor  which  is  to  be  performed  annually  on 
each  claim,  as  a  proof  of  its  having  been  worked  in  accordance  with 
the  royal  decree,  shall  be  fixed  by  the  engineer  in  each  particular 
case,  taking  into  consideration  the  nature  of  the  ground  and  all  other 
circumstances  which  may  have  occurred  in  each  mine. 

The  concentration  of  labor  authorized  by  article  52  of  the  royal 
decree  may  take  place  without  special  permission,  when  the  works 
are  performed  on  the  different  claims,  of  which  one  single  concession 
consists,  with  the  limitations  imposed  by  articles  16  and  17  of  the 
said  royal  decree. 

When  the  concentration  is  to  take  place  on  claims  which  are  the 
object  of  different  concessions  of  mines,  the  permission  of  the  gov- 
ernor-general must  previously  be  procured.  This  permission  shall 
be  granted  only  when  the  mines  which  are  the  object  of  the  different 
concessions  adjoin  each  other. 

In  order  to  obtain  said  permission  the  persons  interested  must  pre- 
sent their  petition  to  the  civil  governors  or  chiefs  of  districts,  attach- 
ing a  plan  showing  the  location  of  the  mines  which  are  to  enjoy  the 
benefit  of  the  concentration  of  labor  desired. 

These  authorities  shall  hear  the  mining  engineer  on  the  subject  and 
shall  forward  the  petition,  the  plan  and  all  the  other  data  with  their 
report  to  the  governor-general  for  the  proper  decision. 

The  concentration  or  reduction  of  the  working  gang  can  only  take 
place  when  mines  already  granted  are  in  question ;  whenever  proceed- 
ings of  this  character  are  instituted  a  formal  record  shall  be  made  to 
the  effect  that  the  mines  on  which  it  is  desired  to  concentrate  the 
labor  or  reduce  it  have  been  granted. 

ART.  79.  The  owners  of  claims  which  produce  the  products  which 
the  fiscal  laws  declare  are  subject  to  the  control  of  the  department  of 
finance  can  only  dispose  of  the  same  with  the  intervention  and  under 
the  conditions  fixed  by  the  governor-general. 

ART.  80.  In  addition  to  the  general  obligations  imposed  by  the  royal 
decree  and  these  regulations  upon  miners,  they  shall  be  subject  to  the 
private  conditions  which  may  be  imposed  in  each  special  case,  and 
which  shall  be  stated  and  included  in  the  title  of  ownership  and  in  the 
authorizations  which  may  be  granted  by  superior  decree. 

ART.  81.  Miners  or  mining  companies,  after  the  formalities  pre- 
scribed in  article  GO  of  the  royal  decree,  may  introduce  the  number 
of  Chinese  they  may  desire,  provided  that  it  does  not  exceed  four 
hundred  for  each  mine  or  mining  establishment. 

ART.  82.  It  shall  be  the  duty  of  miners  to  denounce  to  the  author- 
ity of  the  province  the  flight  of  Chinese  who  abandon  the  mines; 
and  the  fiscal  authority  shall,  whenever  he  deems  it  convenient,  order 


MINING    LAW    AND    REGULATIONS    IN   THE    PHILIPPINES.        53 

that  they  be  visited  for  the  purpose  of  ascertaining  the  existence  of 
the  Chinese  registered  on  each  one. 

In  the  case  of  the  death  of  a  Chinese  the  miners  shall  inform  the 
same  authority  with  the  formalities  established,  or  which  may  be 
established  hereafter. 

ART.  83.  The  minors  who  may  be  introduced  with  the  Chinese 
miners  shall  not  pay  anything  until  they  attain  the  proper  age,  and 
in  the  meantime  the  provisions  common  to  the  other  Chinese  shall  be 
applicable  to  them. 

The  women  who  may  be  introduced  with  the  said  Chinese  miners 
shall  pay  the  same  amount  as  natives. 

The  children  of  Chinese  miners  who  continue  engaged  in  mining 
shall  pay  the  same  amount  as  natives,  and  shall  be  kept  on  their 
respective  registers  and  shall  make  use  of  the  clothing  and  other 
distinctions  of  their  guild  until  they  receive  express  permission  from 
the  governor-general. 

ART.  84.  Upon  the  presentation  of  the  petitions  for  registry,  whether 
the  claim  be  complete  or  incomplete,  of  surplus  lands,  explorations,  of 
dumps  and  scoriae,  and  for  the  reduction  of  the  mineral  products 
mentioned  in  article  3  of  the  royal  decree,  and  of  auriferous  or  stan- 
niferous sands  in  fixed  establishments,  the  persons  interested  shall 
pay  the  sum  of  75  escudos.  No  petition  shall  be  received  if  the  pay- 
ment of  the  sum  mentioned  to  the  civil  governor  or  head  of  the 
district  is  omitted.  In  petitions  relating  to  mining  groups  the  pro- 
visions contained  in  article  5  of  these  regulations  shall  be  observed. 

ART.  85.  The  amounts  resulting  from  the  payment  of  the  75  escudos 
referred  to  in  the  foregoing  article  shall  be  covered  into  the  proper 
treasuries  by  the  civil  governors  or  heads  of  districts  weekly,  being- 
held  at  their  disposal  to  pay  the  daily  salaries  of  the  engineers  and 
assistants.  The  surplus  resulting  shall  be  returned  to  the  persons 
interested. 

If  with  the  75  escudos  the  expenses  of  the  proceedings  for  which 
they  were  deposited  should  not  be  covered,  the  persons  interested  or 
their  representatives  shall  be  obliged  to  pay  what  may  be  lacking 
within  a  period  of  fifteen  days  from  the  date  they  received  notice  of 
the  excess  of  expenses. 

The  notification  shall  be  included  in  the  proceedings  as  well  as  the 
payment,  with  the  formalities  required  by  articles  33  and  46  of  these 
regulations. 

Every  six  months  a  detailed  statement  of  the  receipts  and  expendi- 
tures of  the  funds  referred  to  in  this  article  shall  be  published  in  the 
official  newspaper  or  on  the  board  of  announcements  of  the  seat  of 
the  district. 

The  provisions  contained  therein  shall  be  considered  as  a  comple- 
ment to  the  prescriptions  of  article  62  of  the  royal  decree  and  of 
article  64  of  the  regulations,  with  regard  to  surveys. 


54        MINING    LAW    AND    KEGULATIONS    IN    THE    PHILIPPINES. 

CHAPTER  IX. — Cancellation  of  proceedings,  forfeiture  of  concessions,  and  procedure 

in  new  aivards. 

ART.  86.  In  accordance  with  the  provisions  contained  in  article  Go 
of  the  royal  decree,  no  petition  for  registry,  surplus  land,  exploration, 
the  concession  of  dumps  or  scoriae,  the  development  of  the  mineral 
products  mentioned  in  article  3  of  the  said  royal  decree,  and  the 
working  and  development  of  auriferous  or  stanniferous  sands,  shall 
be  admitted  unless  the  amount  fixed  by  article  84  of  these  regulations 
is  paid,  and  until  a  surface  plan  is  delivered,  as  prescribed  in  article 
31  of  the  same. 

Neither  shall  petitions  for  registry  or  explorations  be  admitted  which 
refer  to  lands  already  registered  or  explored  the  proceedings  for 
which  are  pending  and  whose  petitions  have  been  admitted  and  the 
surface  plan  published. 

Nevertheless, 'petitions  for  registry  or  exploration  relating  to  lands 
which  are  the  object  of  pending  proceedings  may  be  admitted  when 
it  is  stated  in  said  petitions  that  they  contain  errors  which  invalidate 
them.  In  such  cases,  if  the  nullity  is  certain  and  it  is  proper  to  de- 
clare it,  subject  to  the  precepts  of  the  royal  decree  and  regulations, 
the  civil  governor  or  head  of  the  district  shall  issue  the  proper  orders 
for  the  purpose,  the  new  proceedings  following  the  legal  course.  When 
the  cause  for  nullity  alleged  does  not  exist,  the  petition  for  explora- 
tion or  registry  presupposing  it  shall  be  rejected,  becoming  null  and 
void,  and  the  original  proceedings  shall  continue  their  course  in  the 
proper  time  and  manner. 

As  soon  as  any  of  the  persons  interested  incur  any  of  the  faults 
mentioned  in  the  said  article  65,  and  when  that  mentioned  in  the  sec- 
ond paragraph  of  this  article  occurs,  the  civil  governors  or  heads  of 
districts  shall  decree,  the  cancellation  of  the  proceedings  as  mill  and 
void,  ordering  that  the  notifications  to  the  parties  be  duly  and  prop- 
erly made. 

The  publications  in  the  official  newspapers  or  on  the  announcement 
boards  of  the  decrees  of  cancellation  shall  not  be  made  until  said  rul- 
ings are  final,  this  being  understood  without  prejudice  to  the  provisions 
contained  in  the  third  paragraph  of  article  48  of  these  regulations. 

ART.  87.  In  the  cases  referred  to  in  the  second  and  third  paragraphs 
of  the  foregoing  article  the  canceled  proceedings  can  not  be  re  vali- 
dated or  have  any  effect  at  any  time  whatsoever,  even  though  the 
preferred  proceedings  which  gave  rise  to  the  nullity  of  the  former 
should  also  subsequently  become  null  and  void. 

ART.  88.  In  addition  to  the  concessions  referred  to  in  article  66  of 
the  royal  decree,  in  determining  the  causes  which  are  to  give  rise  to  a 
declaration  of  nullity,  the  right  to  a  general  gallery  shall  be  forfeited 
and  lost,  provided  that  the  conditions  of  the  superior  decree  under 
which  its  execution  was  authorized  are  not  fulfilled  or  complied  with. 

ART.  89.  The  proceedings  instituted  ex  officio  for  the  declaration  of 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        55 

forfeiture  shall  begin  with  the  decree  of  the  civil  governor  or  head  of 
the  district,  stating  the  causes  which  give  rise  thereto.  This  resolu- 
tion shall  be  communicated  to  the  concessioner,  in  order  that  within 
the  period  of  thirty  days  he  may  state  what  he  wishes  in  support  of 
his  right.  Upon  the  expiration  of  this  period,  with  or  without  an 
answer,  said  authority  shall  order,  if  he  considers  it  necessary,  that 
the  proper  investigations  be  officially  made  to  clear  up  the  facts,  and 
shall  call  for  a  report  of  the  proper  engineer. 

After  the  proceedings  have  been  thus  instituted  the  civil  governor 
or  head  of  the  district  shall  declare,  as  may  be  proper,  the  forfeiture 
or  the  continuance  of  the  concession. 

The  same  procedure  shall  be  observed  when  the  proceedings  are 
instituted  at  the  instance  of  a  party,  the  civil  governor  or  head  of  the 
district  being  obliged  to  issue  an  order  for  the  institution  of  the  pro- 
ceedings as  soon  as  the  petition  is  presented. 

In  the  two  cases  referred  to  the  civil  governors  or  heads  of  the  dis- 
tricts shall,  in  addition  to  the  action  they  deem  proper  to  take,  receive 
and  accept  the  statements  which  the  persons  interested  may  make 
before  the  judicial  authorities. 

The  term  for  all  kinds  of  statements  and  proofs  in  these  proceed- 
ings, after  the  period  of  thirty  days  granted  the  concessioner,  can  not 
exceed  four  months.  After  this  period  has  elapsed  the  civil  governor 
or  head  of  the  district  shall  render  the  proper  decision  within  the 
period  of  two  months. 

Proceedings  of  forfeiture  instituted  by  reason  of  the  formal  and 
explicit  abandonment  of  the  concession  shall  be  considered  ex  officio, 
in  which  case  the  provisions  of  articles  63  and  64  of  the  royal  decree 
shall  also  be  observed. 

ART.  90.  For  a  better  understanding  of  the  provisions  contained  in 
the  foregoing  article  and  in  the  second  paragraph  of  article  69  of  the 
royal  decree  the  following  rules  shall  be  observed : 

1.  The  proceedings  for  forfeiture  at  the  instance  of  a  party  must 
be  instituted  by  means  of  a  petition  for  registry,  subject  to  all  the  con- 
ditions and  accompanied  with  all  the  requisites  fixed  by  the  royal 
decree  and  regulations  for  petitions  of  that  character.  The  only  dif- 
ference shall  be  a  statement  in  the  petition  to  the  effect  that  a  pre- 
vious concession  exists  with  regard  to  the  land  desired,  the  name  of 
said  concession  and  that  of  the  concessioner  being  stated  if  known, 
and  that,  there  being  evident  reasons  for  the  forfeiture,  according 
to  the  royal  decree  and  these  regulations,  on  account  of  the  faults 
which  shall  be  mentioned  in  detail,  it  is  desired  that  after  the  dec- 
laration of  forfeiture  the  registry  proceedings  be  instituted  and  pro- 
ceeded with.  When  the  forfeiture  of  an  exploration  is  in  question  it 
shall  be  applied  for  by  means  of  a  petition  for  exploration,  with  the 
conditions  and  formalities  which  are  obligatory,  the  indications 
required  for  registries  in  the  foregoing  case  being  made. 


56        MINING    LAW    AND    EEGULATIONS    IN    THE    PHILIPPINES. 

2.  After  the  forfeiture  has  been  decreed  and  executed,  from  the 
date  on  which  this  takes  place  the  time  shall  begin  to  be  counted  in 
which  to  request  the  survey;  but  if  the  forfeiture  should  not  be  or  is 
not  considered  proper,  and  the  former  concession  is  declared  in  force, 
the  cancellation  of  the  registry  of  exploration  proceedings  shall  at 
once  be  declared. 

3.  When  simply  a  registry  or  exploration  is  requested,  without  stat- 
ing that  there  exists  a  prior  concession  of  the  land  requested,  and 
without  consequently  requesting  the  proper  declaration  of  forfeiture, 
this  circumstance  shall  not  invalidate  what  has  been  requested ,  nor 
shall  it  affect  the  granting  of  the  concession  asked  for.     What  shall 
be  done  at  any  stasre  of  the  proceedings  of  exploration  or  registry,  as 
soon  as  information  is  received  of  the  existence  of  a  previous  conces- 
sion which  has  not  legally  lapsed,  will  be  the  suspension  of  the  con- 
tinuation of  the   pending  proceedings   for  the  purpose  of   at   once 
taking  the  proper  steps  for  the  declaration  which  may  be  proper,  the 
proceedings  being  resumed  according  to  their  status  as  soon  as  the 
forfeiture  is  final,  or  otherwise  being  canceled. 

4.  If  the  existence  of  a  prior  concession  with  regard  to  the  land 
requested  should  not  be  known  or  should  not  appear,  and  the  pro- 
ceedings should  continue  to  the  point  of  the  granting  of  the  explora- 
tion or  registry  after  the  expiration  of  the  period  in  which  to  appeal, 
according  to  the  royal  decree  and  article  97  of  these  regulations,  without 
it  having  been  done,  no  remedy  whatsoever  shall  be  admitted,  the  pur- 
pose of  which  is  to  annul  the  new  proceedings,  based  on  the  absence 
of  the  previous  declaration  of  forfeiture.     For  these  cases  and  for  all 
subsequent  legal  purposes  the  concession  relating  to  the  land  with 
regard  to  which  a  concession  of  any  kind  whatsoever  may  have  been 
obtained,  shall  be  considered  as  forfeited. 

CHAPTER  X. — Reduction  works. 

ART.  91.  Every  reducer  of  minerals  in  fixed  establishments  shall 
obtain  the  rights  and  contract  the  obligations  referred  to  in  article  72 
of  the  royal  decree. 

For  the  institution  of  proceedings  of  this  character  in  so  far  as  they 
relate  to  indemnities,  the  procedure  and  formalities  referred  to  in 
articles  5,  7,  17,  18,  and  29  of  these  regulations  shall  be  observed. 

CHAPTER  XI. — Taxes  with  regard  to  mining. 

ART.  92.  When  the  proceedings  have  reached  such  a  stage  that  the 
annual  surface  tax  is  due,  in  accordance  with  the  provisions  con- 
tained in  articles  76  and  77  of  the  royal  decree,  the  civil  governors  or 
heads  of  districts  must,  under  their  liability,  forward  the  proper 
notice  to  the  respective  dependencies  of  the  public  treasury  in  order 
that  the  amount  due  therefor  may  be  collected. 

In  the  proceedings  there  shall  be  stated  that  this  formality  has 
been  complied  with,  and  a  memorandum  to  this  effect  shall  be  viseed 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        57 

by  the  civil  governor  or  head  of  the  district,  and  shall  also  bear  the 
full  signature  of  the  secretary,  should  there  be  one. 

The  same  shall  be  done  for  the  opposite  purposes  when  a  survey  is 
annulled  and  when  the  forfeiture  of  a  concession  becomes  final. 

ART.  93.  It  is  the  duty  of  the  general  intendance  of  the  treasury 
to  issue  the  resolutions  it  may  consider  proper  for  the  collection  of 
the  surface  tax  and  the  3  per  cent  tax  imposed  by  royal  decree  on 
mining  properties  and  concessions. 

CHAPTER  XII. — Authority  and  jurisdiction  in  mining. 

ART.  94.  The  terms  in  which  to  appeal  from  the  decisions  of  the 
council  of  administration  to  the  council  of  state  in  the  suits  of  for- 
feiture referred  to  in  article  69  and  in  the  second  paragraph  of  article 
84  of  the  royal  decree  shall  be  those  fixed  in  the  royal  decree  of  July 
4,  1861,  on  the  mode  of  procedure  in  litigation  in  which  the  adminis- 
tration is  a  party  for  the  colonies,  or  those  which  may  be  fixed  here- 
after. 

In  order  to  take  an  administrative  appeal  to  the  governor-general 
from  the  rulings  of  the  civil  governor  or  head  of  the  district  in  the 
cases  referred  to  in  articles  68  and  84  of  the  royal  decree,  it  shall  be 
filed  within  the  term  of  thirty  days. 

ART.  95.  In  addition  to  the  cases  in  which,  by  article  85  of  the  royal 
decree,  an  appeal  lies  to  the  council  of  administration  from  the  deci- 
sions of  the  governor-general  definitely  deciding  mining  proceedings, 
it  shall  also  be  admitted  in  accordance  with  articles  25  and  26  of  the 
regulations  of  July  27,  1853,  for  the  execution  of  the  law  of  eminent 
domain  for  reasons  of  public  utility  in  questions  arising  on  account 
of  the  nonagreement  of  the  persons  interested  with  the  appraisals  of 
the  indemnifications  referred  to  in  articles  5,  11,  44,  and  72  of  the 
royal  decree,  and  in  articles  5,  7,  17,  18,  29,  51,  67,  70,  and  91  of  these 
regulations. 

ART.  96.  Appeals,  administrative  as  well  as  litigative,  which  may 
be  brought  by  the  persons  interested  with  regard  to  indemnities,  shall 
not  interrupt  the  works  nor  the  course  of  the  respective  proceedings, 
and  therefore  the  provisions  of  article  7  of  these  regulations  shall  be 
complied  with. 

ART.  97.  No  appeals  to  the  council  of  administration  but  those 
allowed  in  accordance  with  the  royal  decree  and  regulations  shall  be 
admitted  through  litigative  channels  and  taken  by— 

1.  The  persons  interested  who  are  granted  or  refused  permission  to 
make  mining  explorations  or  investigations  which  are  the  object  of  the 
respective  proceedings,  in  the  three  cases  mertioned  in  article  85  of 
the  royal  decree. 

2.  The  persons  interested  who  in  the  same  four  cases  may  have 
made  their  objections  to  the  civil  governors  or  heads  of  districts 
within  the  legal  period. 

3.  Those  who  may  have  protested  at  the  time  of  the  surveys  against 
the  same  and  its  consequences. 


58       MINING    LAW    AND    EEGULATJONS    IN    THE    PHILIPPINES. 

4.  The  concessioners  to  whose  land  a  new  concession  may  have 
been  granted  owing  to  ignorance  of  their  rights. 

5.  By  the  persons  interested  who  do  not  agree  with  the  appraisals 
for  indemnity  referred  to  in  article  95  of  these  regulations. 

6  and  last.  By  the  concessioners  who  object  to  the  private  condi- 
tions, or  who  bring  up  questions  with  regard  to  the  interpretation 
and  fulfillment  of  those  established  in  the  concession,  provided  that 
these  questions  should  already  have  definitely  been  passed  upon 
administratively. 

In  order  to  take  these  appeals,  the  period  fixed  by  article  87  of  the 
royal  decree  shall  be  counted,  according  to  the  cases,  from  the  date 
of  the  notification  or  of  the  publication  of  the  orders  of  the  governor- 
general  in  the  official  newspaper  or  on  the  board  of  announcement 
of  the  seat  of  the  district,  to  the  day  it  is  filed  in  the  general  office 
of  the  secretary  of  the  council  of  administration. 

Upon  the  expiration  of  the  periods  mentioned,  as  well  as  of  all  those 
within  which  the  royal  decree  and  these  regulations  grant  the  privi- 
lege to  object  or  file  an  administrative  appeal,  the  rulings  and  reso- 
lutions shall  be  final. 

If  the  third  objectors  are  the  appellants  against  the  concessions 
granted,  in  order  to  validate  the  suits  with  regard  to  the  concession- 
ers, the  citation  of  the  latter  shall  be  necessary,  but  not  their  appear- 
ance, it  being  understood  that  they  renounce  their  right  to  be  heard 
if  within  the  period  of  the  summons  they  do  not  attend  the  suit. 

When  the  persons  who  were  not  granted  a  concession  after  the 
survey  was  made  are  the  appellants,  in  order  that  the  suits  maj~  be 
valid  with  regard  to  the  third  objectors,  the  citation  of  the  latter  shall 
also  be  necessary,  but  not  their  appearance,  it  being  understood  that 
they  renounce  their  rights  to  be  heard  in  the  same  manner  as  is  estab- 
lished for  concessioners. 

The  latter,  as  well  as  the  third  objectors,  in  the  cases  referred  to  in 
the  two  foregoing  paragraphs,  shall  have  no  other  character  in  taking 
part  in  the  suits  than  that  of  coadjutors  of  the  administration. 

ART.  98.  In  order  to  fulfill  the  conditions  contained  in  article  90  of 
the  royal  decree  it  must  be  remembered  that  the  jurisdiction  corre- 
sponding to  the  ordinary  courts  in  all  questions  with  regard  to  mines, 
dumps,  scoriae,  galleries,  or  tunnels  and  reduction  works,  instituted 
between  parties,  relating  to  their  ownership,  must  be  understood  as 
including  a  case  in  which  the  State  may  have  granted  the  proper  con- 
cessions, assigning  the  ownership  which  the  royal  decree  admits  in  the 
substances  mentioned  in  article  1 ;  but  if  suits  are  in  question  with 
regard  to  a  better  right  of  ownership  not  yet  granted  by  the  admin- 
istration, the  courts  shall  not  confer  any  more  rights  by  their  deci- 
sions than  the  administration  may  grant  at  the  proper  time. 

Contentions  between  the  same  parties  with  regard  to  participation 
in  the  expenses  of  working  and  in  profits,  and  relating  to  doubts  aris- 
ing in  some  question  or  other,  shall  always  be  of  the  competency  of 


MINING    LAW    AND    EEGULATIONS    IN   THE    PHILIPPINES.        59 

the  courts,  but  said  cognizance  in  this  case,  as  well  as  in  that  indi- 
cated in  the  last  portion  of  the  foregoing  paragraph,  shall  not  affect 
nor  hinder  the  administrative  action  to  institute  and  close,  in  a  proper 
manner,  the  proceedings  involving  the  claims  and  mining  works, 
which  are  the  origin  of  the  contentions. 

The  administrative  concession  of  one  or  more  claims,  scoriae,  explo- 
rations, galleries,  reduction  works,  and  any  other  kind  of  mining 
works  shall  never  be  an  obstacle  to  a  due. fulfillment  of  what  may  be 
decided  in  the  final  decisions  of  the  courts  on  ownership  or  partici- 
pation therein. 

Questions  instituted  with  regard  to  superimpositions  and  correction 
of  the  limits  of  claims  or  mining  works,  on  the  surface  as  well  as 
underneath  the  surface  of  mines,  come  under  the  exclusive  jurisdic- 
tion of  the  administration ;  but  the  cognizance  of  claims  made  with 
regard  to  the  improper  extraction  of  minerals  and  the  indemnification 
of  losses  and  damages  in  mines  or  concessions  already  granted  by  the 
state  and  involving  the  ownership  and  rights  of  individuals  or  com- 
panies, comes  under  the  jurisdiction  of  the  ordinary  courts. 

According  to  article  91  of  the  royal  decree,  and  in  accordance  with 
the  spirit  of  its  prescriptions,  the  courts  of  competent  jurisdiction  in 
causes  instituted  with  regard  to  defrauding  the  public  treasury  shall 
also  be  competent  in  causes  instituted  and  arising  by  reason  of  the 
exploration,  development,  and  alienation  of  minerals,  if  said  acts  take 
place  before  the  legal  concession  of  the  respective  claims  has  been 
obtained  or  without  the  previous  permission  referred  to  in  the  second 
paragraph  of  article  58  of  the  royal  decree. 

ART.  99.  The  engineers  of  the  mining  corps  shall  be  the  only 
experts  for  all  legal  purposes  in  suits  of  which  ordinary  courts  take 
cognizance. 

CHAPTER  XIII. — The  corps  of  mining  engineers. 

ART.  100.  Mining  engineers  and  the  professional  assistants  in  the 
service  of  these  islands  shall  be  subject  to  their  organic  regulations 
of  February  1,  1865,  and  shall  comply  with  the  precepts  thereof,  and 
any  other  provisions  which  may  hereafter  be  issued  for  the  fulfillment 
of  their  duties,  discharging  with  the  greatest  zeal  and  diligence,  in  the 
order  and  manner  prescribed  in  the  said  regulations,  all  the  duties 
and  obligations  intrusted  to  them  and  designated  in  the  royal  decree 
and  in  these  regulations. 

ART.  101.  Mining  statistics  shall  hereafter  be  prepared  every  year 
in  accordance  with  the  attached  forms,  numbers  7,  8,  and  9. 

ART.  102.  It  is  the  duty  of  the  chief  engineer  of  these  islands  to 
make  up  the  two  forms  numbered  7  and  8,  and  of  the  civil  governors 
or  heads  of  districts  that  numbered  9,  both  being  obliged  to  forward 
those  relating  to  each  year  during  the  first  four  months  of  that  fol- 
lowing through  the  governor-general  to  the  general  direction  of 
agriculture,  industry,  and  commerce. 


60        MINING    LAW    AND    KEGULATJONS    IN   THE    PHILIPPINES. 

The  civil  governors  or  heads  of  districts  shall  forward  to  the  chief 
engineer  the  data  necessary  for  the  formation  of  the  proper  statements, 
and  shall,  in  addition,  give  them  all  the  assistance  and  cooperate  with 
them  so  far  as  possible  in  order  to  secure  a  faithful  discharge  of  this 
service. 

The  civil  governors  or  heads  of  districts  shall  be  considered  as 
directly  responsible  for  any  faults  which  maj7  be  committed  by  the 
governments  of  their  provinces  in  the  preparation  and  transmission 
of  the  statement  which  it  is  their  duty  to  prepare,  as  well  as  in  not 
giving  the  proper  assistance  to  the  chief  engineer  for  the  formation 
of  his  own. 

ART.  103.  At  the  same  time  as  the  statements  referred  to  in  Forms 
7  and  8,  the  chief  engineer  shall  forward  the  annual  report  on  mining, 
referred  to  in  the  sixth  case  of  article  19  of  the  regulations  of  the 
corps. 

ART.  104.  The  engineers  who  may  be  employed  outside  of  the  cap- 
ital of  the  islands  must  make  up  the  statistical  reports  of  the  provinces 
in  which  they  serve  and  forward  them  to  the  chief  engineer,  who, 
through  the  governor-general,  shall  transmit  them  to  the  general  direc- 
tion of  agriculture,  industry,  and  commerce,  adding  his  own  report 
thereto  and  such  remarks  as  he  may  consider  proper. 

ART.  105.  For  the  sake  of  uniformity  in  the  reduction  of  "varas" 
to  meters,  the  area  of  claims  of  60,000  square  "varas  "  shall  be  expressed 
as  41,924.31  square  meters;  those  of  20,000  "varas"  as  13,974.77,  and 
those  of  180,000  as  125,772.93  meters,  which  are  the  amounts  most 
approximate  thereto,  and  respectively  their  multiples  of  2,  3,  and  4, 
or  more,  claims,  it  being  necessary  to  write  on  each  page  of  these 
reports  the  partial  amounts  contained  thereon,  and  carry  them  forward, 
placing  the  total  on  the  last  page. 

ART.  106.  For  the  purpose  of  avoiding  the  anomaly  of  including 
among  productive  mines  those  which  are  unproductive,  it  shall  be 
remembered  hereafter  that  if  said  mines  were  never  productive  they 
must  not  be  included  among  the  productive  mines,  and  that,  though 
they  were  productive  in  former  times,  if  they  should  not  have  been 
productive  during  the  year  included  in  the  statistics,  they  must  be 
included  in  the  number  of  productive  mines,  a  memorandum  being 
made  of  the  reason  why  no  mineral  was  obtained  during  the  year. 

When  the  increase  or  reduction  of  products  of  some  mine  or  mines, 
or  that  of  the  greater  portion  of  the  province,  is  notable,  the  cause 
therefor  shall  also  be  stated. 

In  order  that  the  total  number  of  laborers  engaged  in  the  mining 
industry  may  be  ascertained,  in  addition  to  stating  as  up  to  the  pres- 
ent time,  those  who  work  in  reduction  works — in  productive  mines — 
there  shall  be  stated  by  means  of  a  note  those  who  are  engaged  in 
nonproductive  mines,  registries,  or  investigations,  even  though  it  be 
only  by  means  of  a  conservative  estimate.  There  shall  also  be  stated 
in  the  report  the  number  of  persons  engaged  in  the  transportation  of 
prime  material. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        61 

In  the  portion  relating  to  reduction  there  shall  be  stated,  by  means 
of  notes,  all  kinds  of  furnaces  or  apparatus  which  are  not  included  in 
the  columns  of  the  forms. 

A  memorandum  shall  be  forwarded  separately  of  the  average  prices 
at  which  minerals  are  sold  at  the  mines  and  those  of  metals  at  the 
respective  works,  and,  starting  from  this  basis,  shall  be  deduced  the 
value  created  by  the  mineral  and  metallurgical  industry  in  each  of 
the  same  relating  to  each  class  of  mineral  or  metal  obtained. 

ART.  107.  For  this  service  in  the  archipelago,  it  shall  be  considered 
as  a  single  mining  district  divided  into  three  departments — Luzon  and 
adjacent  islands,  Visayas,  and  Mindanao,  whose  respective  capitals 
are  Manila,  Cebu,  and  Zamboanga.  Each  department  shall  include 
the  same  provinces  or  districts  which  at  the  present  time  are  consid- 
ered as  depending  on  these  three  governments. 

In  every  department  there  shall  be  a  mining  engineer,  who  shall 
render  this  service  in  accordance  with  the  royal  decree  and  these 
regulations. 

The  engineer  having  the  highest  rank  shall  reside  in  Manila,  and 
shall  discharge,  in  addition  to  the  office  of  the  chief  of  the  service, 
the  service  of  the  department. 

In  order  to  assist  the  engineers  in  the  field  and  office  work,  there 
shall  be  the  number  of  assistants  which  may  be  required. 

For  the  present,  and  until  the  Government  of  His  Majesty  orders 
otherwise,  the  chief  engineer,  residing  in  Manila,  shall  attend  to  the 
discharge  of  the  service  of  the  three  departments. 

GENERAL  PROVISIONS. 

1.  All  the  periods  fixed  in  these  regulations,  as  well  as  those  estab- 
lished in  the  royal  decree,  shall  begin  to  be  counted  from  the  day  fol- 
lowing that  on  which  the  administrative  notice  may  have  been  given, 
when  the  persons  interested  or  their  representatives  reside  in  the 
respective  seat.     Should  they  not  reside  there,  the  notifications  shall 
be  made  through  the  boards  of  announcements  or  official  newspapers, 
inserting  the  ruling  or  the  portion  thereof  which  gives  rise  thereto, 
and  the  period  shall  begin  to  be  counted  from  the  day  following  that 
on  which  this  may  have  taken  place. 

2.  The  administrative  notices  referred  to  in  the  foregoing  provision 
may  be  given  by  any  employee  or  agent  of  the  authority  to  whom 
the  civil  governors  or  heads  of  districts  intrust  this  commission.     In 
said  notifications  there  shall  be  stated  that  a  copy  of  the  decree,  rul- 
ing, decision,  or  resolution  giving  rise  thereto  was  delivered  to  the 
person  interested,  the  person  notified  signing  with  the  person  making 
the  notification,  or  by  two  witnesses,  should  he  not  know  how  to  write 
or  refuse  to  sign. 

3.  All  this  work  shall  be  gratuitous  in  mining  proceedings,  and  no 
other  fees  shall  be  collected  from  the  parties  but  those  designated  in 
these  regulations  and  for  the  purposes  mentioned  therein. 


62        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES 

The  daily  salaries  of  the  engineers  and  assistants  for  the  official 
work  mentioned  in  articles  63  of  the  royal  decree  and  76  and  89  of  these 
regulations  shall  be  defrayed  from  the  general  budget  of  these  islands 
when  the  concessioners  or  registers  have  complied  with  the  provisions 
of  the  royal  decree  and  regulations  in  abandoning  the  respective 
claims.  Otherwise  the  respective  persons  interested  shall  pay  the 
same  in  addition  to  the  fines  they  may  have  incurred.  In  cases  of 
insolvency  the  payment  shall  be  made  from  the  general  funds,  the 
right  to  bring  an  action  against  the  debtors  to  secure  reimburse- 
ment for  the  advance  being  reserved  at  all  times. 

4.  In  the  administrative  proceedings  all  the  documents  of  the  per- 
sons interested  shall  be  drafted  on  the  proper  stamped  paper,  accord- 
ing to  the  provisions  in  force  on  the  subject.     The  rulings,  reports, 
and  other  administrative  proceedings  which  can  not  be  included  in 
said  documents  shall  be  continued  on  official  stamped  paper,  or  on 
that  used  by  the  authorities  or  employees  who  take  part  in  the  insti- 
tution and  course  of  the  proceedings. 

5.  The  civil  governors  or  heads  of  districts  only  may  grant  to  the 
parties,  on  their  request  and  when  they  believe  it  proper,  certificates 
of  the  contents  of  the  proceedings,  and  shall  be  viseed  by  them  and 
issued  by  their  secretaries,  or  by  the  persons  acting  in  their  stead, 
and  the  secretaries,  as  well  as  the  mining  engineers,  are  forbidden, 
under  their  strictest  liability,  to  act  in  contravention  hereto. 

6.  At  no  time  and  for  no  reason  whatsoever  shall  the  original  pro- 
ceedings be  delivered  to  the  parties;  but  upon  an  order  of  the  civil 
governors  or  heads  of  districts  they  may  be  exhibited  in  the  offices, 
when  proper,  in  order  that  they  may  be  examined  by  the  persons 
requesting  it,  who  may  take  such  memoranda   as  they  may  deem 
proper.     The  original  proceedings  shall  be  sent  only  to  the  council 
of  administration  when  they  are  to  make  an  administrative  report, 
or  when  they  are  to  take  cognizance  thereof  in  administrative  litiga- 
tion, and  also  to  the  engineers  for  the  performance  of  the  technical 
work  and  for  a  report  on  the  expert  points  coming  under  their 
jurisdiction. 

7.  In  order  to  comply  with  the  provisions  contained  in  article  46  of 
these  regulations,  provided  that  the  governor-general  should  return 
the  proceedings  to  the  civil  governors  or  heads  of  districts  to  correct 
some  errors  or  to  cure  some  defects  or  omissions  which  may  have 
occurred,  the  new  entries  and  work  done  shall  be  placed  immediately 
after  the  said  proceedings  in  their  proper  chronological  order.    Should 
any  corrections  be  necessary  in  some  instrument  or  plan,  a  note 
thereof  shall  be  made  in  the  proper  memorandum.     When  the  change 
of  a  plan  or  instrument  is  ordered,  those   already  included  in  the 
proceedings  shall  not  be  removed  in  order  to  be  replaced  by  those 
amended,  but  they  shall  be  attached  to  and  the  former  ones  respected, 
and  shall  be  placed  at  the  folio  where  the  proceedings  and  formalities' 
conclude,  or  continue  when  the  changes  were  made. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        63 

8.  The  civil  governors  or  heads  of  districts  shall  see  to  it  that  pre- 
vious annulled  or  forfeited  proceedings,  should  there  be  any,  relating 
to  the  same  ground  involved  in  the  last  proceedings  be  attached  to 
and  included  in  the  latter. 

9.  The  persons  interested  can  in  no  case  prevent  the   visits   and 
examinations  of  the  engineers  when  the  latter  consider  them  proper 
in  order  to  fulfill  the   provisions    contained  in  articles   21  and   68 
of  these  regulations,  and  in  order  that  through  them  the  govern- 
ment may  exercise  the  surveillance  required  of  it  in  all  mining  works, 
labors,  and  establishments. 

10.  The  advantages  which  may  at  once  be  enjoyed  by  mining  con- 
cessions granted  up  to  the  present  time,  or  which  may  hereafter  be 
granted  in  view  of  pending  proceedings  subject  to  the  mining  regula- 
tions of  January  29,  1846,  shall  be  to  extend  the  bounds  of  claims 
already  surveyed,  should  there  be  any  free  land,  to  the  area  designated 
in  articles  13  and  14  of  the  royal  decree.     This  privilege  shall  not 
give  preference  in  any  case  over  the  petition  of  any  other  person 
interested,  whether  for  exploration  or  registry,  which  bears  a  prior 
date  of  presentation  and  which  requests  all  or  part  of  the  land  nec- 
essary to  increase  the  area  of  the  mine  granted  in  accordance  with  the 
said  legislation. 

Petitions  which  may  be  made  hereafter  to  increase  the  size  of  sur- 
veyed claims  in  accordance  with  the  regulations  of  1846  may  request 
only,  if  there  should  be  any  free  land,  the  superficial  area  referred 
to  in  articles  13  and  14  of  the  royal  decree. 

The  proceedings  in  which  greater  extension  for  the  claim  or  claims 
granted  are  asked  for  shall  be  called  "proceedings  for  extension." 
Those  which  have  for  their  object  the  uniting  of  one  or  more  claims 
to  those  already  granted  shall  be  called  ' '  proceedings  for  increase  of 
claims." 

11.  Appeals  to  the  governor-general  from  the  rulings  and  resolu- 
tions of  the  civil  governors  and  heads  of  districts  shall  be  filed  with 
the  latter,  and  complaints  may  be  made  to  said  governor- general 
only  when  the  said  authorities  do  not  forward  their  appeals. 

12.  A  duly  authenticated  receipt  for  every  instrument,  petition,  or 
notice  shall  be  given  when  their  nonpresentation  might  prejudice  any 
of  the  persons  interested. 

13.  In  mining,  no  rights  shall  be  acquired  if  a  strict  observance  and 
punctual    fulfillment    of    the  royal  decree  and  regulations  is  not 
observed.     The  periods  fixed  can  not  be  extended  for  any  reason 
whatsoever,  and  the  faults  of  the  administration  shall  not  redound 
to  the  injury  of  the  persons  interested,  provided  that  within  the  term 
of  sixty  days,  counted  from  the  date  when  the  period  for  them  expires, 
they  should  complain  of  negligence  or  carelessness  in  their  execution 
or  nonfulfillment  of  the  royal  decree  and  regulations.     Should  they 
not  make  the  objection  within  the  period  mentioned,  it  shall  be  under- 
stood that  they  desist  from  their  claims  and  that  they  abandon  the 


64        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

continuation  of  the  proceedings,  which  shall  be  considered  canceled 
for  all  subsequent  effects,  this  being  declared  by  the  administration  as 
soon  as  it  is  verified,  being  published  in  the  official  newspaper  or  on 
the  board  of  announcements. 

This  declaration,  when  proper,  may  also  be  made  at  the  instance  of 
any  other  interested  person,  provided  that  he  requests  it  by  means  of 
a  petition  of  exploration  or  registry  according  to  the  provisions  con- 
tained in  the  third  paragraph  of  article  86  of  these  regulations. 

The  governor-general  only  may  dispense  the  defects  produced  by 
the  cancellation  of  mining  proceedings  after  a  report  of  the  proper 
section  of  the  council  of  administration,  and  provided  that  third  per- 
sons are  not  injured  thereby. 

We  hereby  certify  that  the  foregoing  is  a  correct  and  faithful  trans- 
lation of  the  laws  and  regulations  relating  to  mining  in  the  Philip- 
pines. 

FRANK  L.  JOANNINI, 
Official  translator.  Division  of  Customs  and 

Insular  Affairs,  War  Department. 
M.  E.  BEALL,  Assistant. 

I  hereby  certify  that  Frank  L.  Joannini  is  the  official  translator  of 
the  Division  of  Customs  and  Insular  Affairs  of  the  War  Department. 

CLARENCE  R.  EDWARDS, 

Lieutenant- Colonel,  Forty -seventh  Infantry,  U.  S.  V., 

Chief  of  Division. 

FORMS. 

FORM  No.  1. 

SOLICITUD   PARA   EXPLOTAR  SUSTANCIAS   DE   NATURALEZA  TERROSA. 

D.  N. ,  vecino  de y  habitants  en  esta  cabecera,  calle  de, niimero 

de  profesi6n  —    — ,  y  de  edad  de  —     — ,  a  V.  S.  dice:  que  en  el  termino  del  pueblo 

de  —     — ,  al  sitio  6  parage  que  llaman ,  hay  una  tierra  de  la  pertenencia  de 

D.  N.,  vecino  de  —  — ,  la  cual  linda  (se  expresardn  los  linderos  d  todos  vientos 
con  laposible  especificacion) .  El  exponente  desea  emplear  20,000  metros  cuadra- 
dos  de  este  terreno,  a  contar  desde  el  punto  —  — ,  y  en  la  figura  de  un  cuadrado, 
6  como  pareciere  mejor  en  su  dia  al  ingeniero,  para  la  fabricacion  de  loza,  dando 
a  esta  explotacion  el  nombre  de  Locera;  pero  el  citado  dueno  se  opone  a  prestar 
su  consentimiento,  a  pesar  de  haberle  ofrecido  todas  las  indemnizaciones  y  garantias 
convenientes  al  respecto  de  su  derecho  de  propiedad.  En  esta  atencion,  el  que  dice, 

Suplica  a  V.  S.  que  habiendo  por  presentado  este  escrito  y  la  cantidad  de  75  escu- 
dos  que  al  mismo  tiempo  consign  a,  se  sirva  instruir  el  oportuno  expediente  en  la 
f  orina  que  procede  con  arreglo  al  Real  Decreto  y  Reglamento  de  minas,  a  fin  de  que 
por  el  Gobierno  Superior  Civil  se  le  conceda  la  conducente  autorizacion  para  la 
explotacion  indicada. 

Dios,  etc.  (Fecha  y  firma.) 


MINING    LAW    AND   EEGULATIONS    IN   THE    PHILIPPINES.        65 
FORM  No.  2. 

SOLICITUD   DE   REGISTRO. 

D.  N.,  vecino  de  esta  cabecera  y  habitante  en  la  calle  de ,  num. ,  de 

profesion ,  y  de  edad  de ,  a  V.  S.  digo:  que  en  terreno  realengo  del 

pueblo  de  —  — ,  paraje  que  llaman ,  lindante (se  expresardn  los  Un- 
der os  a  todos  rumbos,  con  toda  especificaeion) ,  deseo  adquirir  -  —  pertenencias 

mineras  con  el  titulo  La  Esperanza,  de  mineral ,  que  ya  se  halla  descubierto 

en  una  calicata.  (Si  no  estuviese  descubierto  el  mineral,  se  omitird  esta  circun- 
stancia  y  podrd  decirse  en  su  lugar:)  de  mineral  que  me  propongo  descubrir  dentro 
del  plazo  legal.  (Si  el  terreno  fuese  de  propriedad  particular,  se  expresard  el 
nombre  del  dueno,  como  tambien  si  el  terreno  es  de  los  que  segun  el  real  decreto 
exigen  permiso  del  dueno  para  hacer  labores.  Del  mismo  modo  se  dird  si  se  ha 
hecho  6  no  calicata,  y  si  en  el  primer  caso  se  ha  obtenido  licencia  del  propietario, 
acompanando  el  documento  que  lo  acredite.)  Verifico  la  designacion  de  este 

registro  en  la  siguiente  forma:  se  tendra  por  pun  to  de  partida  el  sitio (el 

que  sea,  marcada  en  lo  posible  la  direccion  y  distancia  en  que  se  halla  de  cualquier 

otro  punto  indubitado  yfijo.)    Desde  el  se  mediran  en  direccion  N. metres 

(y  asi  sucesivamente  hasta  que  resulte  formado  el  rectdngulo  de  la  pertenencia  6 
pertenencias  solicitadas.)  Por  lo  tanto, 

Suplico  a  V.  S.  que  habiendo  por  presentada  esta  solicitud  con  la  cantidad  de  75 
escudos  que  a  la  vez  consigno,  se  sirva  dar  al  expediente  la  instrucci6n  corre- 
spondiente,  a  fin  de  que  en  su  dia  se  expida  por  el  Gobierno  Superior  Civil  el 
correspondiente  titulo  de  propiedad. 

Dios,  etc.  (Fecha  y  firma.) 

NOTA. — Las  solicitudes  de  investigation  se  arreglaran  a  este  modelo  con  las 
variaciones  que  son  consiguientes. 


FORM  No.  3. 

Numero . 

D.  N.,  vecino  de ,  de  profesi6n ,  y  de edad,  habitante  en  la 

calle  de ,  numero ,  ha  presentado  a hora y minutos 

de  la  manana  (6  tarde)  del  dia del  mes  de ,  ano  de ,  solicitud  de 

registro  de pertenencias  de  la  mina de  mineral ,  sita  en . 

(Aqui  se  expresardn  los  Under  os  y  demos  circunslancias  que  contenga  la  solicitud, 
respecto  a  su  situacion,  clase  de  terreno,  nombre  del  dueno  de  el,y  de  existencia  o 
no  de  la  calicata,  etc.) 

Esta  solicitud  tiene  la  f  echa  de . 

La  designacion  que  hace  es  la  siguiente:  (Aqui  se  copiard  la  designacion.) 

Ha  consignado  al  mismo  tiempo  la  cantidad  de  75  escudos  (6  la  que  sea  si  se 
trata  de  coto  minero). 

V°.  B°.  El  Secretario, 

El  Gobernador. 


El  interesado. 

(A  continuacion  se  irdn  anotando  las  principales  diligencias  que  tenga  el  expe- 
diente.) 

NOTA. — Cuando  en  vez  de  registro  de  mina  sea  demasia .  petici6n  de  escorial  6 
cualquiera  otra  de  las  solicitudes  que  deben  comprenderse  en  el  libro  de  registro, 
se  expresara  asi  con  toda  especificaeion  y  claridad. 

OTRA. — Cuando  la  solicitud  se  haga  por  apoderado  6  sociedad,  se  anotara  la  pre- 
sentacion  del  poder  y  de  la  escritura  social. 

ADVERTENCIA. — En  el  libro  de  investigaciones  se  haran  los  asientos  por  el  mismo 
6rden,  con  las  diferencias  que  son  consiguientes. 
3082 5 


66        MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES. 

LIBRO   DE    REGISTRO. 

Numero .     Folio . 

Gobierno  de  la  provincia  de  —    — .     D.  N,,  Secretario  —    — . 

Certifico:  Que  por  D.,  —     — ,  vecino  de  —     — ,  se  ha  presentado 

hora  y  —      —  ininutos  de  la  manaiia  (6  tarde)  del  dia  —    —  de del  ano 

una  solicitud  de  registro  f  echada  en  —     —  de pertenencia  de  la  mina  • 


de  mineral  —  — ,  sita  en  el  termino  de  —  —  (aqui  se  expresaridn  los  linderos), 
haciendo  la  designacion  en  la  forma  siguiente  —  — .  Ha  consignado  al  propio 
tiempo  la  cantidad  de  —  — . 

Y  para  que  conste  y  sirva  de  resguardo  al  citado  D. ,  doy  la  presente  cer- 

tificacion  talonaria,  con  el  V°.   B°.   del  Sr.   Gobernador,  en ,  a de 

V°.  B°. 

El  -  (Firma.) 

NOTA. — En  la  extension  de  estas  certificaciones  se  tendran  en  cuenta  las  dife- 
rencias  de  casos,  segun  se  advierte  en  las  notas  del  lado  opuesto. 


FORM  No.  4. 

DEPART  AM  ENTO    DE  — 


PROVINCIA  DE .    MINAS.    ANO  DE 

EXPEDIENTS   DE  (*) . 


Para 2  de nombrada 

Del  termino  del  pueblo  de 


Interesado:  Vecindad: 

D . 

Representante:  Vecindad: 

D. .  — 


Numero  de  pertenencias . 

Remitido  al  Gobierno  Superior  Civil  en de de  18 — . 

(1.)  Investigacion,  registro,  ampliacion,  aumento  de  pertenencias,  demasia,  con- 
centracion  de  labores  6  reduccion  de  pueble. 
(2.)  Terrero,  escorial,  coto  minero,  etc. 


FORM  No.  5. 

TITULO  DE   PROPIEDAD. 

D.  N.  (aqui  sus  titulos  y) ,  Gdbernador  Superior  civil  de  las  islas  Filipinas. 

Por  cuanto  a (aqui  el  nombre  del  inter esado)  tuve  a  bien  otorgarle  la  con 

cesion  de  (aqui  el  nombre  y  close  de  la  mina) ,  en  termino  de de  esta 

provincia,  he  venido  en  resolver  con  fecha que  se  le  expida  el  presente  titulo 

de  propiedad  a  nombre  de  S.  M.  (q.  D.  g.)  conforme  a  lo  prescrito  en  el  articulo 
37  del  Real  Decreto  de  14  de  mayo  de  1867,  de  —  —  pertenencia  que  componen 

—  nietros  cuadrados  de  extension,  en  la  forma  qua  se  fija  en  el  adhunto  piano 
levantado  por  el  Ingeniero  D.  —     —  con  arreglo  a  —     —  (aqui  se  expresard  la  ley 
con  arreglo  d  la  cual  se  hay  a  demarcado) ,  f  echado  en a  —  —  de de 

—  con  la  obligacion  de  cumplir  las  condiciones  generales  siguientes: 

la.  La  de  beneficiar conforme  a  las  reglas  del  arte,  soinetiendose  el  y  sus 

trabajadores  a  las  de  policiaque  senalen  los  reglamentos. 


MINING    LAW    AND    REGULATIONS    IN    THE    PHILIPPINES.        67 

2a.  La  de  responder  de  todos  los  danos  y  perjuicios  que  por  ocasion  de  la  explo- 
taci6n  puedan  sobrevenir  a  tercero. 

3a.  La  de  resarcir  tambien  a  sus  vecinos  los  perjuicios  que  les  ocasione  por  las 
aguas  acumuladas  en  sus  labor es,  si  requerido  no  las  achicase  en  el  tiempo  que  se 
senale. 

4a.  La  de  contribuir  en  razon  del  beneficio  que  reciba  por  el  desagiie  de  las  minas 
inmediatas,  y  por  las  galerias  generales  de  desagiie  6  de  transporte,  cuando  por 
autorizaci6n  del  G-obernador  Superior  se  abran  para  un  grupo  de  pertenencias  6 
para  el  de  toda  la  comarca  minera  donde  se  halla  situada  la  mina. 

5a.  La  de  dar  principio  a  los  trabajos  desde  el  acto  de  toma  de  p^sesion  de  esta 
concesi6n,  a  no  impedirlo  fuerza  mayor. 

6a.  La  de  tener poblada  6  en  actividad,  con  cuatro  trabajadores,  en  razon 

de  cada  pertenencia,  durante  la  mitad  de  cada  ano. 

7a.  La  de  fortificar  la  mina  en  el  tiempo  que  se  le  senale,  cuando  por  mala  direc- 
ci6n  de  los  trabajos  amenace  ruina,  a  no  ser  que  lo  impida  fuerza  mayor. 

8a.  La  de  no  dificultar  e  imposibilitar  el  ulterior  aprovechamiento  del  mineral 
por  una  explotacion  codiciosa. 

9a.  La  de  no  suspender  los  trabajos  de con  ammo  de  abandonarla  sin  dar 

antes  conocimiento  al  gobernador  6  alcalde  letrado,  y  la  de  dejar  su  fortificaci6n 
en  buen  estado. 

10a.  La  de  satisfacer  por y  sus  productos  los  impuestos  que  establece  la  ley. 

Y 11 a.  La  de  llenar,  en  fin,  todas  las  prescripciones  que  se  contienen  en  el  Real 
Decreto  y  reglamento  para  las  concesiones  de  la  naturaleza  de  la  presente. 

(Hueco  de  dos  pulgadas  para  las  condiciones  especiales  quepueda  haber.) 

Por  tanto,  en  virtud  de  este  titulo,  concede  a la  propiedad  de por 

tiempo  ilimitado,  mientras  cumpla  con  las  condiciones  precedentes,  para  que  pueda 
hacer  su  explotacion,  aprovechar  sus  productos,  y  disponer  libremente  de  ellos, 
enajenandolos  segun  fuere  su  voluntad,  con  sujecion  a  las  leyes,  disfrutando  al 
mismo  tiempo  de  todos  los  derechos  y  beneficios  que  por  el  Real  Decreto  y  regla- 
mento de  minas  se  otorgan  a  los  concesionarios.  Y  para  que  lo  contenido  en  las 
expresadas  condiciones  se  cumpla  y  observe  puntualmente,  asi  por  dicho  con- 
cesionario,  como  por  las  autoridades,  tribunales,  corporaciones  y  particular  es  a 
quienes  corresponda,  expido  el  presente  titulo  de  propiedad,  que  va  firmado  de  mi 
mano,  selladoconel  sellocorrespondiente  y  refrendado  por  el  infrascrito  Secretario 
del  G-obierno. 

Dado  en 

(Al  dorso  del  titulo.) 

INTENDENCIA  GENERAL  DE  HACIENDA  PUBLICA. 

Tornado  raz6n  en de 18  — . 

EL  INTENDENTE  GENERAL  DE  HACIENDA  PUBLICA. 
GOBIERNO  SUPERIOR  CIVIL. 

Registrado  en  el  Negociado  de  Agricultura,  Industria  y  Comercio,  folio . 

(El  Oficial  del  Negociado.) 


68       MINING    LAW    AND   REGULATIpNS    IN    THE   PHILIPPINES. 

FORM  No.  6. 

SOLICITUD    DE    GALERIA    GENERAL. 

D.  N.,  vecino  de  esta  ciudad,  habitante  en  la  calle  de ,  num. ,  de 

profesi6n  —     — ,  y  de  edad  —     — ,  a  V.  S.  digo:  que  deseo  hacer  las  obras  condu- 
centes  a  la  apertura  de  una  galeria  general  de  investigacion  (desague  6  transporte) , 

que  se  nombrara ,  en  el  termino  de ,  al  sitio  de  — — ,  terreno  realengo, 

lindante  —     — ,  con  arreglo  en  Tin  todo  a  la  memoria  y  piano  que  presento  del 
Ingeniero  D . 

En  esta  atencion  y  habiendo  hecho  los  oportujios  convenios  particulares  con 

D.  —    —  y  D. ,  duenos  de  las  minas (o  interesados  en  los  registros 

— )  que  se  hallan  dentro  del  terreno  que  ha  de  comprender  la  citada  galeria 
segun  consta  de  los  adjuntos  documentos. 

A  V.  S.  suplico  que,  habiendo  por  presentada  esta  solicitud  con  los  documentos 
que  la  acompanan,  se  sirva  dar  al  expediente  la  tramitacion  correspondiente  a  fin 
de  que  recaiga  en  su  dia  por  el  Gobierno  Superior  la  autorizacion  que  solicito  para 
la  apertura  de  dicha  galeria. 

Dios,  etc. 

(Fecha  y  firma.) 

NOT  A. — Cuando  el  terreno  fuese  de  propiedad  particular,  se  expresara  el  nom- 
bre  del  dueno;  y  si  fuese  ademas  de  los  en  que  se  exige  licencia  del  mismo,  se 
anotara  esta  circunstancia,  con  expresion  de  si  la  ha  dado  6  no  para  los  efectos  que 
en  tal  caso  son  conducentes  en  la  tramitacion. 


MINING    LAW    AND   REGULATIONS   IN   THE   PHILIPPINES.        69 


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APPENDIX 


73 


APPENDIX. 

CIRCULAR  OF  THE  GENERAL  DIRECTION  OF  THE  CIVIL  ADMINIS- 
TRATION, AUGUST  26, 1876. 

Notwithstanding  there  having  been  published  in  the  Q-aceta  dv 
Manila,  first  on  August  6,  1868,  and  afterwards  on  April  18, 1874,  the 
royal  decree  relating  to  mining  in  these  islands  and  the  regulations 
for  its  execution,  it  has  been  observed  that  in  the  greater  part  of  the 
registry  proceedings  instituted  in  the  provincial  governments  faults 
are  committed,  or  formalities  omitted,  which  sometimes  invalidate  and 
at  other  times  delay  their  conclusion,  to  the  prejudice  of  the  State 
and  of  individuals. 

In  order  to  put  a  stop  to  these  irregularities  and  that  the  said  royal 
decree  and  regulations  be  observed  and  fulfilled  in  the  future  with 
the  greatest  exactness,  this  general  direction,  in  harmony  with  the 
bases  proposed  by  the  inspection  of  mines  of  these  islands,  has 
determined  to  direct  to  you  the  present  circular,  which  explains  the 
principal  steps  which  the  said  proceedings  should  follow  according  to 
the  above-mentioned  laws: 

1.  The  petition  for  registry  of  a  mine  should  strictly  conform  to 
Form  No.  2,  printed  at  the  end  of  the  regulations,  the  persons  inter- 
ested as  well  as  the  governors  taking  care  that  in  the  description  of  the 
mining  claims  and  the  setting  of  the  starting  point  due  clearness  and 
exactness  be  observed,  depositing  at  the  time  of  filing  the  petition 
the  sum  of  thirty-seven  pesos  and  fifty  centimos  for  ordinary  con- 
cessions, or  the  proper  amount  if  it  treats  of  mining  groups,  as  pre- 
scribed in  article  50  of  the  regulations. 

2.  The  governor,  as  soon  as  the  petition  is  received,  shall,  by  an 
indorsement  thereon  signed  by  himself  or  by  his  secretary,  if  there 
should  be  one,  the  day,  hour,  and  minute  of  the  presentation,  order 
at  once  its  admission,  reserving  a  better  right,  and  deliver  to  the 
person  interested  the  proper  receipt  containing  the  date,  hour,  and 
minutes,  as  also  the  amount  which  has  been  deposited. 

Until  the  stub  books  mentioned  in  article  34  of  the  regulations  are 
provided  for  the  governors  of  provinces  they  should  open  provisional 
books,  in  which  should  be  registered  all  the  steps  indicated  in  said 
article  and  in  article  22  of  the  royal  decree. 

3.  Within  three  days  from  the  day  of  the  presentation  of  the  peti- 
tion the  registry  shall  be  published,  with  a  description  of  the  mining 

75 


76        MINING    LAW    AND   REGULATIONS    IN    THE    PHILIPPINES. 

claims,  on  the  board  of  announcements  of  the  seat  of  the  district  and 
forward  the  announcement  to  the  petty  governor  of  the  town  in  whose 
jurisdiction  the  mine  is  located,  that  he  may  publish  the  same  by 
means  of  edicts,  a  memorandum  hereof  being  included  in  the  proceed- 
ings, and  attaching  to  the  same,  when  possible,  the  edicts  given  to  the 
public. 

4.  In  the  period  of  twenty  days  from  the  presentation  of  the  petition 
the  register  must  present  a  certificate  to  the  petty  governor  or  authority 
showing  that  he  has  marked  in  a  visible  manner  the  land  petitioned 
for. 

5.  Before  the  expiration  of  the  period  of  four  months  mentioned  in 
articles  28  and  30  of  the  royal  decree  and  in  articles  45  and  52  of  the 
regulations  the  register  shall  perform  the  legal  work  of  10  meters 
depth  or  length  by  means  of  a  tunnel  or  gallery  uncovering  the  vein, 
and  shall  petition  the  governor  for  a  survey  of  the  mining  claims,  fur- 
nishing samples  of  the  mineral. 

6.  The  petition  for  survey  being  admitted  by  the  governor,  he  shall 
forward  the  original  proceedings  to  the  general  inspection  of  mines  in 
order  that  an  engineer  may  make  the  examination  and  survey. 

When  the  proceedings  are  issued  by  the  governor  the  secretaiy 
shall  certify  at  the  end,  or  in  the  absence  of  a  secretary,  by  the  gov- 
ernor himself,  the  number  of  folios  which  it  contains,  that  the  blank 
spaces  have  been  crossed  out,  and  any  other  circumstances  which 
appear  proper  in  each  case. 

7.  Within  the  period  of  thirty  days  from  that  following  on  which 
the  survey  was  made  the  person  interested  shall  pay  to  the  govern- 
ment of  the  province,  in  tax  paper,  the  sum  of  7  pesos  and  50  centimes 
for  each  complete  or  incomplete  mining  claim  the  object  of  the  pro- 
ceedings and  also  the  sum  corresponding  to  the  stamped  paper  neces- 
sary for  drafting  the  title  of  ownership. 

8.  The  proceedings  being  dispatched  and  returned  by  the  general 
inspection  of  mines  to  the  governor  of  the  province,  the  governor, 
attaching  to  the  original,  the  tax  paper  or  the  document  which  shows 
that  the  register  has  paid  the  sums  mentioned  in  the  previous  article 
shall  forward  the  same  to  this  general  direction  for  the  issue  of  the 
title  of  ownership. 

Gaceta  de  Manila,  September  3,  1876. 

JOSE    GOBEZAS  DE   HlERRO, 

Director-  General. 

INSTRUCTIONS  FOR  THE  FULFILLMENT  OF  THE  ROYAL  ORDERS 
OF  APRIL  6,  1878,  AND  AUGUST  23,  1890,  WHICH  REFER  TO  THE 
DEVELOPMENT  OF  THE  MINERAL  COAL  OF  THESE  ISLANDS. 

1.  The  persons,  who  as  expert  managers  are  placed  at  the  head  of 
coal  mines  whose  production  shall  exceed  5,000  tons  annually  must 
be  mining  engineers  or  managers  with  titles  or  degrees  obtained  in 
Spain  or  in  foreign  countries. 


MINING    LAW    AND    REGULATIONS    IN  :,  TIKE  1  PHILIPPINES*        77 


2.  For  this  purpose  the  companies  or  /proprietor?*  *®f»  tfyifc.k&i&  of 
enterprises  shall  present  to  the  general  direetkm  of'  the  Civil'  acTmin- 
istration  an  instrument  attached  to  the  title  which  accredits  their 
expert  managers.      These  titles  shall  be  examined  by  the  general 
inspection  of  mines,  who  shall  report  on  their  validity,  and  issuing, 
in  a  favorable  case,  through  the  governor-general  the  necessary  per- 
sonal authorization  for  the  exercise  of  the  profession  in  these  islands, 
issued  on  stamped  paper  of  the  fourth  class  if  the  degrees  were 
foreign.     In  the  latter  case  they  shall  report  to  the  colonial  minister 
the  authorization  granted. 

3.  The  mines  or  groups  of  adjacent  mines  which  have  been  granted 
the  concentration  of  their  works  according  to  the  mining  laws,  and 
whose  production  does  not  reach  5,000  tons,  can  be  managed  by  per- 
sons who  do  not  possess  the  professional  degrees  above  mentioned, 
providing  they  obtain  the  special  authorization  indicated  in  the  fol- 
lowing articles. 

4.  In  order  to  obtain  this  authorization  it  is  .necessary  — 

(1)  To  be  over  25  years  of   age  and  prove   in   any  manner  that 
appears  to  be  sufficient  that  they  have  been  overseers  intrusted  with 
mining  works  or  distinguished  operatives  of  the  interior  workings  in 
some  national  or  foreign  coal  mine. 

(2)  To  prove  to  the  general  mining  inspection  their  practical  com- 
petency in  the  following  subjects  : 

An  idea  as  to  how  the  veins  of  coal  are  formed,  and  particularly 
those  of  lignite  and  the  rocks  that  usually  accompany  them. 

The  method  of  driving  shafts  and  galleries  both  in  the  rock  and  in 
the  coal. 

Fortifications,  and  more  especially  cribbing. 

Natural  ventilation  and  how  it  maj7  be  improved  when  necessary. 

Lighting  precautions. 

Works  for  securing  the  product  in  coal  veins. 

Drainage  of  the  works  in  very  simple  cases. 

The  extraction  and  transportation  of  the  products  in  simple  cases. 

The  classification,  washing,  and  storage  of  coal. 

Management  of  the  compass  and  a  simple  manner  of  representing 
the  works. 

Ordinary  legal  knowledge  of  the  duties  and  rights  in  a  mining  con- 
cession in  these  islands. 

5.  Those  who  desire  to  secure  this  special  authorization  shall  ad- 
dress their  petitions  to  the  general  inspection  of  mines,  accompanied 
with  the  documents  already  mentioned  and  with  the  certificates  they 
may  consider  convenient.     The  inspection  shall  appoint  a  day  for  the 
practical  examination,  after  which  it  shall  prepare  a  memorandum, 
which  shall  be  attached  to  the  other  documents. 

If  the  result  of  the  practical  examination  should  be  favorable,  there 
shall  be  issued  in  stamped  paper  of  the  fifth  class  a  copy  of  the  act, 


78        MIKING    LAW    A2fD    KEGULATIQNS    IN    THE    PHILIPPINES. 


whit-'h  shaH-.ln;  \  listed  by  the  director-general  of  the  civil  administra- 
tion, and  this  document  shall  serve  as  a  basis  for  the  authorization, 
which  the  latter,  on  motion  of  the  inspection,  shall  grant  to  the  inter- 
ested person  to  direct  coal  mines  whose  production  does  not  reach 
5,000  tons. 

6.  In  order  that  these  instructions  be  given  their  due  fulfillment, 
the  general  inspection  of  mines  shall  make  every  year  to  the  coal 
mines,  through  the  engineer,  a  regular  visit,  examining  specially  the 
production  of  the  mines  which  are  included  in  the  case  mentioned  in 
article  3. 

7.  If,  as  a  result  of  his  visit,  the  engineer  should  find  in  the  mines 
a  greater  production  than   that  which  its  expert   manager  should 
authorize,  there  shall  be  imposed  on  the  company  or  proprietor  the 
penalty  established  for  such  cases  in  article  49  of  the  royal  decree 
on  mining  in  force  in  these  islands. 

The  fine  shall  be  collected  by  the  chief  of  the  province  under  his 
personal  responsibility. 

8.  The  owners  may  appeal  from  the  fines  to  the  general  direction 
of  the  civil  administration,  and  the  latter  shall  finally  decide  the 
case,  hearing  first  the  general  inspection  of  mines,  according  to  arti- 
cle 84  of  the  above-mentioned  royal  decree. 

Gaceta  de  Manila,  November  11,  1890. 


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